Lessee of Sellers v. Corwin
Ohio Supreme Court
Ejectment to recover two lots iu the town of Lebanon, adjourned; from the county of Warren. The plaintiff claims title under a marshal’s deed upon a sale on a judgment and execution in the Circuit Court of the United States for the District of Ohio. This judgment was rendered January 8, 1822, execution issued *Fobruary 5,1823, and levy was made August 20th, in that year.
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Ejectment to recover two lots iu the town of Lebanon, adjourned; from the county of Warren. The plaintiff claims title under a marshal’s deed upon a sale on a judgment and execution in the Circuit Court of the United States for the District of Ohio. This judgment was rendered January 8, 1822, execution issued *Fobruary 5,1823, and levy was made August 20th, in that year. Several writs-of venditioni exponas were issued, but no sale was effected until - August 9, 1831. The defendants rest upon a sheriff’s deed and sale upon execu-tion on a judgment of the court 'of common pleas of Warren county…
1Opinion of the Court
*Judge Wright
delivered the opinion of the court:
The case presents the two following as the main questions for the decision of the.court:
1. Whether judgments of the Circuit Court of the United States ■in Ohio are liens upon land, and to what extent?
2. Whether the sale upon the junior judgment, under which the •plaintiff claims, vests in him a title discharged of the prior judg•ment in the state courts ^
1. This court determined in Roads v. Symmes et al., 1 Ohio, 261, that the judgments of a court of record operated as a lien upon the real estate of the defendant. This is a principle of law, say…
2Cases cited7 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Rankin v. ScottSupreme Court of the United States · 1827
- Bank of the United States v. HalsteadSupreme Court of the United States · 1825
- Robinson v. CampbellSupreme Court of the United States · 1818
- Ross v. Doe on the Demise of BarlandSupreme Court of the United States · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Chappell v. McFarlingBelmont County Court of Common Pleas · 1937
- Charbonneau v. RobertsCuyahoga Circuit Court · 1903