Gilpen v. Bower

THOMAS, J.:

A judgment debtor died and more than three years later, no letters testamentary or of administration meanwhile having issued, the creditor sought by bill in chancery the foreclosure of the judgment lien against property which had descended to the heir.

The chancellor dismissed the bill of complaint and appellant claims that this action was erroneous. He stresses the statutes: Section 4488, C.G.L., 1927, providing that every judgment “shall create a lien . . . upon the real estate of the defendant” and Section 4663, C.G.L., 1927, Section 9511, Florida Statutes, 1941, providing that…