Tierce v. Knox
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by Mennon Tierce, as administrator, against- H. A. Knox, to enforce upon real estate the lien of a recorded judgment. Prom a decree sustaining demurrers to the bill and dismissing it, complainant appeals. The bill contained equity, and the court erred in sustaining the demurrer and dismissing it.
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Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by Mennon Tierce, as administrator, against- H. A. Knox, to enforce upon real estate the lien of a recorded judgment. Prom a decree sustaining demurrers to the bill and dismissing it, complainant appeals. The bill contained equity, and the court erred in sustaining the demurrer and dismissing it. Sections 4156, 4157,' and 4829, Code 1907 ; 202 Ala. 325, 80 South. 407; 178 Ala. 332, 59 South. 643; 204 Ala. 373, 85 South. 710; 93 Ala. 245, 9 South. 719; 96 Ala. 277, 7 South. 483, 17 L. R. A. 474; 168 Ala. 283, 53 South.…
1Opinion of the CourtMcCLBLBAN, J.
The appellant filed this bill in the circuit court of Jefferson county, equity side, to enforce a lien on appellee’s real estate, situated in Jefferson county, imposed, it is averred, by the registration in that county of a judgment obtained by appellant’s intestate in the circuit court of Tuscaloosa county against the appellee. Code, § 4156 et seq. The demurrer’s sole ground denied the equity of the bill. The court sustained the demurrer, allowed time for the amendment of the bill if complainant so desired, and subsequently, there being no amendment, dismissed the bill for want of…
2Cases cited3 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Nelms v. McGrawSupreme Court of Alabama · 1890
- Gurley v. RobertsonSupreme Court of Alabama · 1912
3Cited by7 opinions
- James E. Folsom v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- Averett v. AverettSupreme Court of Alabama · 1951
- Hall v. ProctorSupreme Court of Alabama · 1940
- Hargett v. HovaterSupreme Court of Alabama · 1943
- Freeman v. FreemanSupreme Court of Alabama · 1968
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