140 So. 439 | Ala. | 1932
This being a bill in equity to enforce a vendor's lien for the purchase price of land is governed by section 6524 of the Code of 1923, and not section 10467 as suggested in brief of appellant's counsel. Section 6524, in directing the county in which bills in equity may be filed, among other things says, "or if real estate be the subject-matter of the suit, whether it be the exclusive subject-matter of the suit or not, then in the county where the same, or a material portion thereof is situated." The bill was therefore properly filed in Jefferson county. Reeves v. Brown,
Whether the complainant could get a personal decree against the respondent for the deficiency in the absence of personal service or for relief at all against a nonresident respondent in the absence of personal service or an appearance, we need not decide, as the record, while failing to show personal service, does disclose an appearance and which was not limited to the jurisdiction of the respondent's person.
If there was a general appearance made in this case, the lower court had jurisdiction of the person of the appellant. Merchants' Laclede Nat. Bank v. Troy Grocery Co.,
The filing of a demurrer, unless based solely on the ground of lack of jurisdiction of the person, constitutes a general appearance. 4 C. J. 1337; Ex parte Henderson,
The trial court did not err in overruling the respondent's demurrers to the bill of complaint, and the decree of the circuit court is affirmed.
Affirmed.
GARDNER, BOULDIN, and FOSTER, JJ., concur. *301