Cumberland Bank v. Smith

OPINION

CANTRELL, P.J., M.S.,

delivered the opinion of the court, in

which CAIN and LILLARD, JJ. joined.

A creditor filed an action to sell a parcel of the debtor’s real estate to satisfy a judgment lien on the property. The Chancery Court of Smith County granted the relief requested. The judgment debtor asserts on appeal that the underlying judgment and a nulla bona sheriffs return are void. For the reasons set forth in our opinion below, we affirm the action of the lower court.

The Cumberland Bank filed this action to sell a tract of real estate owned by the defendant, Henrietta Smith. The…