second part: Whereas, The said trustee, by virtue of the authority vested in him by the deed of trust hereinafter mentioned (or by an order of the circuit court of the county of made on the day of as the case may be) did sell, as required by law, a certain tract (or lot as the case may be) of land, situate in the county (or city, town or village, as the case may be) of to the said A trustee, as the case ,and re day of on page may be) by deed bearing date the corded (if it be recorded) in deed bookin the office of the clerk of the county court of the county of and bounded and described therein as follows: (here insert the description and quantity as set forth in the deed of trust, and any further description deemed necessary.) And whereas, at such sale the said Csaid property for the sum of D purchased the Now, therefore, dollars. § 6. Vendor's lien. If any person convey any real estate and the purchase money or any part thereof, remain unpaid at the time of the conveyance, he shall not thereby have a lien for such unpaid purchase money, unless such lien is expressly reserved on the face of the conveyance. (Code 1916, c. 75.) § 7. Decrees to have effect of judgments; enforcement.-A decree for land or specific personal property and a decree or order requiring the payment of money, shall have the effect of a judg ment for such land, property or money, and be embraced by the word "judgment" where used in this or any of the three succeeding chapters. But a party may proceed to carry into execution, a decree or order in chancery, other than for the payment of money, as he might have done if this and the following section. had not been enacted. The persons entitled to the benefit of any decree or order requiring the payment of money, shall be deemed judgment creditors, although the money may be required to be paid into a court, or a bank or other place of deposit. In such case, an execution on the decree or order shall make such recital thereof, and of the parties to it as may be necessary to designate the case; and if a time be specified in the decree or order within which the payment is to be made, the execution shall not issue until the expiration of that time. (Code 1916, c. 139.) § 8. What obligations "judgments" include. In the following section the word "judgment" shall include any undertaking, bond or recognizance which has the force of a judgment. (Code 1916, c. 139.) § 9. Furnishing abstract and docketing of judgment. The clerk of every circuit and municipal court shall, without delay, make out and deliver a duly certified abstract of every judgment rendered by such court, and every justice of the peace shall, without delay, make out and deliver a duly certified abstract of every judgment rendered by him, or by any other justice, the docket of which is in his possession and under his control, to any person interested therein who may demand the same, and pay or tender the fee therefor, in which abstract shall be stated the names in full of the plaintiff or plaintiffs, and the defendant or defendants, as they appear in the papers and proceedings in the cause, and if the defendants are sued as partners, the partnership name shall be stated; the amount of the judgment and the amount of the costs, stating each separately; the value of specific property (if any) recovered by it, and the damages (if any) for its detention; the date of the judgment and the court in which, or the justice by whom, the judgment was rendered. Any clerk or justice who shall fail to deliver such abstract as herein required, shall be guilty of a misdemeanor and fined fifty dollars. And the clerk of every county court shall keep in his office in a well bound book a judgment docket, in which he shall docket without delay any judgment rendered by any justice of the peace or court of this state or by any circuit or district court of the United States within this state, upon the delivery to him of such authenticated abstract thereof for that purpose, and the payment or tender of his fee therefor. In such docket there shall be stated, in separate columns: 1. The names in full of the plaintiff or plaintiffs, and the defendant or defendants, as they are stated in such abstract, and if it appear by such abstract that the defendants were sued as partners, their partnership name shall also be stated. 2. The amount of the judgment and of the costs, stating each separately. 3. The value of any specific property recovered by the judgment, and the damages (if any) for its detention. 4. The date of the judgment. 5. The court in which or the justice by whom it was rendered. 6. The date of docketing the judgment. Every judgment docketed by the clerk of the county court as aforesaid, shall at the same time be indexed by him in an index to be kept in or annexed to said judgment docket, in the full name of the defendant, and if more than one defendant, in the full name of each, as they appear in the said abstract. If the defendants are sued as partners, it shall also be indexed in the partnership name appearing by such abstract. Any clerk of a county court failing to perform any duty required of him by this section shall be guilty of a misdemeanor, and be fined fifty dollars; and he and his securities in his official bond shall moreover be liable to any person injured by such failure for all such damages as he may sustain by reason thereof. (Code 1916, c. 139.) § 10. Lien of judgment on real estate; issuance and filing of execution. Every judgment for money rendered in this State heretofore or hereafter, against any person, shall be a lien on all real estate of or to which such person shall be possessed or entitled at or after the date of such judgment, or, if it was rendered in court, at or after the commencement of the term at which it was so rendered, except as follows: No judgment shall be a lien on real estate as against a purchaser thereof for valuable consideration without notice, unless it be docketed according to the eighth or ninth sections of this chapter, in the county wherein such real estate is, either within sixty days next after the date of such judgment or before a deed therefor to said purchaser is delivered for record to the clerk of the county court. Provided, that the judgment of a justice of the peace shall not be a lien on real estate against such purchaser until the same is docketed as aforesaid, and Provided, further, that no judgment which is a lien on real estate shall continue a lien on such real estate, in case execution issue thereon, unless the execution issued on said judgment, or a copy thereof be filed in the office of the clerk of the county court, wherein such real estate is situate, within ten years from the date of said judgment or in case other executions have theretofore issued on said judgment, then within ten years from the date of the last execution so issued thereon. And it shall be the duty of the clerk of the county court wherein such real estate is situate, to note on the page of the judgment docket where such judgment is docketed, the date on which said execution was issued and the date of the filing of the same in said office, and for said service the clerk shall receive a fee of twenty-five cents to be paid by the person filing such execution or copy. (Code 1916, c. 139.) § 11. Suits to enforce judgment; sale of real estate. The lien of a judgment may be enforced in a court of equity after an execution of fieri facias thereon has been duly returned, to the office of the court or to the justice from which it issued, showing by the return thereon that no property could be found from which such execution could be made; Provided, That such lien may be enforced in equity without such return, when an execution or fieri facias has not issued within two years from the date of the judgment. If it appear to such court that the rents and profits of the real estate subject to the lien will not satisfy the judgment in five years, the court may decree the said estate, or any part thereof, to be sold and the proceeds applied to the discharge of the judgment. In every such suit all persons having liens on the real estate sought to be subjected by judgment or otherwise, shall be made parties, plaintiff or defendant, or if the number of such persons exceed ten the suit may be brought by any one or more of them, for the benefit of himself and such other lien holders as will come in and contribute to the expenses of the suit. And whether the suit be so brought or not, every such lien holder, whether he be named as a party to the suit or not, or whether he be served with process therein or not, may present, prove and have allowed any claim he may have against the judgment debtor, which is a lien on such real estate, or any part thereof, and from and after the time he presents any such claim he shall be deemed a party plaintiff in such suit. No decree for the distribution of the proceeds of such real estate shall be made until a notice to all persons holding liens on the real estate of the judgment debtor be posted and published, under a decree of the court, as hereinafter provided. Such notice shall be sufficient if it be in form or effect as follows: To all persons holding liens by judgment or otherwise, on the real estate, or any part thereof, of A B In pursuance of a decree of the circuit court of : county, made in a cause therein pending, to subject the real estate of the said Ato the satisfaction of the liens thereon, B B you are hereby required to present all claims held by you and each of you against the said Awhich are liens on his real estate, or any part of it, for adjudication to me, at my office in the county (or city, town or village, as the case may be), of on or before the Given under my hand this day of day of Such notice shall be published once in each week, for four successive weeks, in some newspaper printed in the county, or if none be printed therein, in some newspaper of general circulation in the county, and posted at the front door of the court house of such county at least four weeks before the day mentioned in the notice; and such publishing and posting of such notice shall be equivalent to the personal service thereof on all persons holding liens on any such real estate, unless the court shall in the decree directing such notice to be so published and posted otherwise order. The commissioner to whom the case is referred by such decree shall, as soon as possible after the said notice is published and posted as aforesaid, or served in such manner as the court may order, proceed to ascertain and report all the liens on the real estate or any part thereof of the judgment debtor, the holders of such liens, the amount due to each, and the priorities thereof, and such other matters and things as the court by its decree may direct, and the same proceedings shall be had on such report as in other suits in chancery. When the report of any such commissioner is confirmed, if the claims therein reported (if any) be not paid, the court shall decree that the real estate of the judgment debtor, subject to such lien or liens, so far as may be necessary, shall be rented or sold, and the proceeds thereof distributed among the several lien holders who have appeared andd proved their liens and claims, according to their several priorities (if any); which decree shall be a bar to the claim of any lien holder who has not appeared and presented his claim to said commissioner, as required by said notice, except that if a surplus remain after the payment of the claims so presented and proved, and confirmed by the court, the lien holder so failing to appear may share in such surplus, upon proving his claim at any time before a final decree in the case, in such manner as the court shall direct. But if he fail to present his claim before such final decree, he shall be forever barred of all right to participate in the proceeds of such real estate so far as |