Baird v. Kirtland
Ohio Supreme Court
This case was submitted to the court in Trumbull county on bill and demurrer. The facts charged in the bill are substantially as follows: At the March term of the court of common pleas of Trumbull county, 1833, Samuel Baird and others, the complainants, recovered a judgment against Jonathan Fowler, one of the defendants.
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This case was submitted to the court in Trumbull county on bill and demurrer. The facts charged in the bill are substantially as follows: At the March term of the court of common pleas of Trumbull county, 1833, Samuel Baird and others, the complainants, recovered a judgment against Jonathan Fowler, one of the defendants. On this judgment a writ of ft. fa. was issued, bearing date July 1, 1833, which was levied on one and one-half acres of land in the township of Poland, in said county of Trumbull, which land is •particularly described. The land was subsequently sold at sheriff’s sale, and…
1Opinion of the Court
Judge Hitchcock
delivered the opinion of the court:
Upon looking into the facts of this case, the first question which ¡suggests itself is, why the complainants have come into a court of equity. There is no community of interest among the defendants. If Kirtland stands in the situation of mortgagee, and in equity there is no doubt that he does, and these complainants have a right to redeem, then it is true their remedy is in this court. But as to Logan, the only object is to recover from him the possession, which could be much more appropi’iately done by action of ejectment. It is true there is…
2Cases cited1 opinion
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
3Cited by4 opinions
- Elmore v. HarrisSupreme Court of Alabama · 1848
- Muir v. BoseyWyoming Supreme Court · 1915
- Lessee of Fosdick v. RiskOhio Supreme Court · 1846
- United States Mortgage & Tr. Co. v. AndersonLucas Circuit Court · 1908