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. If pending any such suit, a judgment at law be recovered by any 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 upon such real estate, the court shall allow and confirm the 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.)

§ 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 sue 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. 1916, c. 139.)

(Code

§ 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

be first levied and satisfied; and where several such executions are delivered to the officer at the same time, they shall be satisfied ratably. (Code 1916, c. 140.)

§ 19. Same: return; payment of proceeds.-Upon a writ of fieri facias, the officer shall return whether the money therein mentioned is or can not be made; or if there be only part thereof which is or can not be made, he shall return the amount of such part. With every execution under which money is recovered he shall return a statement of the amount received, including his fees and other charges; and such amount, except the said fees and charges, he shall pay to the person entitled, or to his agent or attorney. (Code 1916, c. 140.)

§ 20. Same: re-sale on non-compliance with purchase. If at any sale by an officer, the purchaser shall not comply with the terms of sale, the officer may sell the property, either forthwith or under a new advertisement, or return that the property was not sold for want of bidders. If, on a re-sale, the property be sold for less than it sold for before, the first purchaser shall be liable for the difference to the creditor, so far as is required to satisfy him, and to the debtor for the balance. This section shall not prevent the creditor from proceeding as he might have done if it had not been enacted. (Code 1916, c. 140.)

§ 21. Venditioni exponas.- -When it appears by the return on an execution, that property taken to satisfy it remains unsold, a writ of venditioni exponas may issue; whereupon the like proceeding shall be had as might have been had on the first execution, except that if it issue upon a return of no sale for want of bidders, or of a sufficient bid, the notice shall state the fact, and that the sale will be made peremptorily. If an officer, taking property under execution, die before the sale thereof, and there be no deputies (of such officer) acting in the case, upon a suggestion of the fact, a writ of venditioni exponas may be directed to such sheriff or other officer of the county wherein the property was taken, as may be in office at the time the writ issues. Whereupon the representatives of the officer so dying shall deliver the property to the officer to whom the writ is directed. If they fail so to do, on his producing the said writ, and executing a receipt for the property to them, or if, after three months from the death of such officer, he have no personal representative,

upon a return of the fact, execution may be issued, by virtue of which such sheriff or other officer of the county, may seize the said property. An officer seizing or receiving property under this section, shall sell it and account therefor as if the levy on it had been by himself. (Code 1916, c. 140.)

§ 22. Payment to debtor of surplus, or of sum received before stay of injunction or appeal. Where an officer has received money under execution, if any surplus remain in his hands after satisfying the execution, such surplus shall be repaid to the debtor; and if the debtor or his personal representative obtain an injunction or appeal staying an execution in whole or in part, before money received under it, or any part of it, is paid over to the creditor, the officer shall repay such debtor the money so received and not so paid over, or so much thereof as the injunction or appeal may extend to, unless otherwise directed by law, or the order of the court. (Code 1916, c. 140.)

§ 23. Payment by officer, under execution, to be made within county. No officer receiving money under execution, when the person to whom it is payable resides in a different county from that in which the officer resides, shall be liable to have any judgment rendered against him or his sureties for the non-payment thereof, until a demand of payment be made of such officer in his county by such creditor, or his attorney-at-law, or some person having a written order from the creditor. (Code 1916, c. 140.)

$ 24. Successive executions.-Subject to the limitations prescribed by law, a party obtaining an execution, may sue out other executions at his own costs, though the return day of a former execution has not arrived; and may sue out other executions at the defendant's costs, where on a former execution there is a return by which it appears that the writ has not been executed, or that it or any part of the amount thereof is not levied, or that property levied on has been discharged by legal process, which does not prevent a new execution on the judgment. In no case shall there be more than one satisfaction for the same money or thing. (Code 1916, c. 140.)

§ 25. Quashing execution.-A motion to quash an execution may, after reasonable notice to the adverse party, be heard and