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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 A

B - to the satisfaction of the liens thereon, you are hereby required to present all claims held by you and each of you against the said A- B - which 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

- , on or before the — day of — Given under my hand this —- day of

C D

commissioner. 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 the other creditors of said judgment debtor, holding liens on his real estate, who have not so failed, are concerned, and so far as the creditors at large of such judgment debtor are concerned.

person against such judgment debtor, such person may present his claim to the commissioner and have it adjudicated and allowed in the same manner and to the same extent as if the judgment had been obtained before the institution of such suit. And he may present such claim to the court after the report is made, and before the entering of a decree distributing the proceeds of the sale of such real estate, and have the same adjudicated and passed upon by the court, and if found to be correct and a lien

same, and provide for the payment thereof in the decree of sale and distribution. If after the commencement of such suit, any lien holder commence any other suit or proceeding in or out of court to enforce a lien claimed by him on the real estate, or any part thereof, of the judgment debtor, upon which a lien is sought to be enforced by such suit, the court, or the judge thereof in vacation, may enjoin him from so doing, and require him to come in and assert his lien in such suit, or make such order or decree in relation thereto as to such court or judge may seem right and proper to protect the interest of all parties having such liens. (Code 1916, c. 139.)

$ 12. Same: order of liability of real estate.- Where the real estate liable to the lien of a judgment is more than sufficient to satisfy the same, and it, or any part of it, has been aliened, as between the alienees for value, that which was aliened last shall, in equity, be first liable, and so on with other successive alienations until the whole judgment is satisfied. And as between alienees who are volunteers 'under such judgment debtor, the same rule as to the order of liability shall prevail. But any part of such real estate retained by the debtor himself shall be first liable to the satisfaction of the judgment. (Code 1916, c. 139.)

§ 13. Lien of judgments docketed on same day.- Where two or more judgments are rendered against the same person, and the lien thereof on his real estate commences on the same day, the creditors having such judgments shall be entitled to satisfaction out of said real estate ratably. (Code 1916, c. 139.)

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§ 14. Limitation on enforcement of judgment. On a judgment, execution may be issued within two years after the date thereof, or if none be so issued, the court in which the judgment was rendered may thereafter, and within ten years from the date of the judgment; upon ten days notice to the party against whom the same is, order an execution to issue thereon for such sum as remains unpaid. Where execution issues within two years as aforesaid, other executions may be issued on such judgment without notice, within ten years from the return day of the last execution issued thereon, on which there is no return by an officer, or which has been returned unsatisfied. And an action, suit or scire facias may be brought upon a judgment on which no execution issued within the said two years, or where there has been a change of parties by death or otherwise, at any time within ten years next after the date of the judgment. But if such action, suit or scire facias be against a personal representative of a decedent, it shall be brought within five years from the qualification of such representative. No execution shall issue, nor any action, suit or scire facias be brought on any judgment in this State after the time prescribed herein, except that in computing the time, the period mentioned in the fourth section of chapter one hundred and thirty-six of this Code, and any time during which the right to súe out execution on the judgment is suspended by the terms thereof, or by legal process, shall be omitted from the computation; and the sixteenth, seventeenth, eighteenth and nineteenth sections of chapter one hundred and four of this Code shall apply to the right to bring such action, suit or scire facias, in like manner as to any right, action, suit or scire facias, mentioned in those sections; and except that when the judgment is for the penalty of a bond, but to be discharged by the payment of what is then ascertained, and such sums as may be afterwards assessed or found due upon a scire facias on the judgment, assigning a further breach of the bond, such scire facias may be brought within ten years after such breach. (Code 1916, c. 139.)

§ 15. Same: motions for failure to return executions.-A motion against an officer or his sureties, or his or their representatives, for a failure to return an execution, shall be made within ten years from the return day thereof and not after. (Code 1916, c. 139.)

$ 16. Notice of lis pendens.- The pendency of an action, suit, attachment or proceedings to subject real estate to the payment of any debt or liability, upon which a previous lien shall not have been acquired in some one or more of the methods prescribed by law, shall not bind or affect a purchaser of such real estate, for a valuable consideration, without notice, unless and until a memorandum, setting forth the title of the cause; the court in which it is pending; the general object of the suit, attachment, or other proceeding, the location and quantity of the land, as near as may be, and the name of the person whose estate therein is intended to be affected by the action, suit, attachment or proceeding, shall be filed with the clerk of the county court of the county in which the land is situated. The clerk of every such county court shall without delay record the said memorandum in the deed book, and index the same in the name of both the parties. (Code 1916, c. 139.)

§ 17. Execution of fieri facias; levy; endorsement on writ; levy on money.-By a writ of fieri facias, the officer shall be commanded to make the money therein mentioned out of the goods and chattels of the person against whom the judgment is. The writ may be levied as well on the current money and bank notes as on the goods and chattels of such person; and as against purchasers for valuable consideration without notice and creditors, shall bind what it may be levied on only from the time the writ is delivered to the officer to be executed. If the levy be upon gold or silver coin, the same shall be accounted for at its par value as so much money made under the execution. If it be upon bank notes, and the creditor will not take them at their nominal value, they shall be sold and accounted for as any other property taken under execution. Every officer shall endorse on each writ of fieri facias the year, month, day, and time of day, he receives the same. If he fail to do so, the judgment creditor may, by motion, recover against him and his sureties, jointly and severally, in the court in which the judgment was rendered, a sum not exceeding fifteen per centum upon the amount of the execution. (Code 1916, c. 140.)

§ 18. Same: order of levy of several writs; pro rata satisfaction.—Of writs of fieri facias, that which was first delivered to the officer, though two or more be delivered on the same day, shall

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