Greenwood v. Trigg, Dobbs & Co.

Supreme Court of Alabama

Greenwood v. Trigg, Dobbs & Co.

46 So. 227, 154 Ala. 487, 1908 Ala. LEXIS 586

CourtSupreme Court of Alabama

DecidedApril 9, 1908

StatusPublished

Cited by2 cases

This text of 46 So. 227 (Greenwood v. Trigg, Dobbs & Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Greenwood v. Trigg, Dobbs & Co., 46 So. 227, 154 Ala. 487, 1908 Ala. LEXIS 586 (Ala. 1908).

Pincite

Opinion

DOWDELL, J.

Recorded judgments operate as a lien only upon land situated in the county where recorded — Civ. Code 1896, § 1921; Acts 1903, p. 273. To entitle complainants to redeem, it must appear they have a lien upon the land described in the bill.- — Kelly v. Longshore, 78 Ala. 203. The bill nowhere shows that the lands described are situate in Marshall county, where the judgment was recorded.

The averment in the bill that said lands are subject to the lien created by the judament is but the averment [489]*489of a conclusion of the pleader. — Collier v. White, 97 Ala. 615, 12 South. 385. The decree of the chancellor, overruling the demurrer, Avill be reversed, and one here rendered sustaining the demurrer.

Reversed and rendered.

Tyson, C. J., and Andiorson and McClellan, JJ., concur.

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