Ackroyd v. Winston Bros.

The judgment rendered on the promissory note in the state court was a lien “upon al) real property of the judgment debt- or not exempt from execution in the county” where it was rendered. Rev.Codes of Mont., 1935, § 9410. By § 9424, all “goods, chattels, moneys, and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law * * * are liable to execution”. The object of the instant suit is to obtain a decree that the state court judgment is not a lien on the real property in question, and that neither the real property nor the personalty is…