CHAPTER VIII.

JUDGMENTS AND JUDGMENT LIENS.

A judgment, when entered, becomes a lien upon the real estate owned by the defendant in the county at the time of the entry, and such as he may subsequently acquire. The lien continues for ten

years.

CHAPTER IX.

EXECUTIONS, EXEMPTIONS, SALE, AND REDEMPTION.

The party in whose favor a judgment is given which requires the payment of money, the delivery of real or personal property, or either of them, may, at any time after the entry thereof, have a writ of execution issued for its enforcement.

There are three kinds of execution: one against the property of the judgment debtor, another against his person, and the third for the delivery of real or personal property.

In the Circuit and County Courts executions are returnable in sixty days, and in Justices' Courts in thirty days.

In the Circuit and County Courts there is no stay of execution, except pending an appeal; in Justices' Courts execution may be stayed for thirty days upon filing bond.

The following personal property is exempt from sale under an execution :

Books, pictures, and musical instruments, to the value of $75; wearing apparel to the value of $100, and if a householder, to the value of $50 for each member of the family; tools, implements, apparatus, team, vehicle, harness, or library—when necessary in the occupation or profession of a judgment debtor-to the amount of $400; if the judgment debtor be a householder, ten sheep with one year's fleece, two cows, five swine, household goods, furniture, and utensils, to the value of $300. No article of property is exempt from execution issued upon a judgment for the purchase price.

In all other

Upon a sale of real property, when the estate is less than a leasehold of two years' unexpired term, the sale is absolute. cases such property is subject to redemption.

The judgment debtor, or his successor in interest, may redeem such property within sixty days from the date of the order confirming the sale, by paying the amount of the purchase money, with interest at the rate of two per cent. per month from the time of sale, together with the amount of taxes the purchaser may have paid thereon.

A creditor having a lien by judgment, decree or mortgage, on any portion of the property subsequent in time to that on which the property was sold, may also redeem.

CHAPTER X.

PROCEEDINGS SUPPLEMENTARY TO EXECUTION.

After the issuing of an execution against property, and upon proof by the affidavit of the plaintiff, in the writ or otherwise, to the satisfaction of the Court or Judge thereof, that the judgment debtor has property liable to execution which he refuses to apply toward the satisfaction of the judgment, such Court or Judge may by an order require the judgment debtor to appear and answer under oath concerning the same. If it appear from such examination that the judgment debtor has property liable to execution, the Court or Judge shall make an order requiring the judgment debtor to apply the same in satisfaction of the judgment. Disobedience to any such

order may be punished as for a contempt.

CHAPTER XI.

SECURITY FOR COSTS.

Security for costs can only be required in Justices' Courts. If the plaintiff is a non-resident of the county, the Justice may require him to give an undertaking with one or more sureties for the costs and disbursements of the action before issuing the summons, and if at any time before the commencement of the trial the defendant apply therefor, the Justice must require such plaintiff to give such undertaking. Upon application of defendant, and in the discretion of

the Justice, the plaintiff, if a resident of the county, may be required to give an undertaking for costs. The undertaking may be in the following form: "I, A B, or We, A B and C D, undertake to pay E F, the defendant in this action, all costs and disbursements that may be adjudged to him in this action."

The sureties must possess the qualifications of bail upon arrest, and if required by the defendant, must justify in a sum not less than $50.

CHAPTER XII.

APPEALS.

Any party to a judgment or decree, other than a decree or judgment for want of an answer, or by confession, may appeal therefrom. An appeal to the Supreme Court shall be taken by serving and filing a notice of appeal within six months from the entry of the judgment or decree appealed from, or to the Circuit Court within thirty days after such entry, and not otherwise.

Appeals from the Circuit Courts are taken to the Supreme Court, and from County Courts and Justices' Courts to the Circuit Court of the county.

Upon an appeal from the Circuit or County Court, the appellant must file an undertaking, with one or more sureties, to the effect that the appellant will pay all damages, costs and disbursements which may be awarded against him on the appeal; and if the judgment or decree appealed from be for the recovery of money or personal property, or the value thereof, to obtain a stay of proceedings the undertaking must further provide, that if the judgment or decree appealed from be affirmed, the appellant will satisfy it so far as affirmed.

Upon an appeal from Justices' Court, the undertaking is to the effect that the appellant will pay all costs and disbursements that may be awarded against him on the appeal, and that he will satisfy any judgment that may be given against him in the appellate Court on the appeal.

CHAPTER XIII.

ESTATES OF DECEASED PERSONS.

Every executor or administrator must, immediately after his appointment, publish a notice thereof in some newspaper published in the county, for four successive weeks. Such notice must require all persons having claims against the estate to present them to the administrator or executor, within six months from the date of such notice, with the proper vouchers. A claim not presented within six months is not barred, but it cannot be paid until the claims presented within that period have been satisfied. A claim not due or contingent must, nevertheless, be presented as any other claim. Until administration has been completed, a claim against the estate may be presented, allowed and paid out of any assets not otherwise appropriated or liable.

Every claim must be verified by the affidavit of the claimant, or some one on his behalf, who has personal knowledge of the facts, to the effect that the amount claimed is justly due, that no payments have been made thereon except as stated, and that there is no just counter-claim to the same.

There is no specified time in which estates are required to be settled,