128 So. 595 | Ala. | 1930
Appellee's bill sought to subject appellant J. C. Griffith's undivided interest in a tract of land which appellant and his coheirs, who were joined as defendants, had inherited from their father, to the satisfaction of its prior recorded judgment. Complainant averred that it was advised that appellant (so to speak of J. C. Griffith) had acquired, in addition to the interest inherited by him, the interests of some of his coheirs, and prayed that appellant and the other defendants be required to disclose their interests in the land and that appellant's interest be subjected to the payment of his debt to appellee. The joint and separate demurrers of appellant and his codefendants having been overruled, they joined in this appeal.
The statute, Code, § 7874 et seq., creates a lien in favor of recorded judgments, "in the county where filed, on all the property of the defendant which is subject to levy and sale under execution." Section 7875. Upon any judgment so recorded execution may be issued at any time within ten years from the date of such judgment. Code, § 7876. This court has ruled that, notwithstanding the remedy by execution afforded by the statute, "the jurisdiction of a court of equity, without the intervention of other equitable ground, may be invoked to subject property to the lien of a recorded judgment; the statutory remedy by execution not being exclusive, but additional or cumulative only." Johnston v. Bates,
Let the decree overruling the joint and separate demurrers be affirmed.
Affirmed.
ANDERSON, C. J., and THOMAS and BROWN, JJ., concur.