Sternberger v. Hanna
Ohio Supreme Court
Error to the District Court of Jackson county. The parties above named were co-defendants in an action in the common pleas relating to the land in controversy.
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Error to the District Court of Jackson county. The parties above named were co-defendants in an action in the common pleas relating to the land in controversy. Mrs. Hanna by a cross petition set up a prior lien on the land, to wit, Lots 67 and 68 in the Scioto Salt Eeservation, in Jackson county, by virtue of a mortgage on said lots, executed to her by John H. Stephenson and wife and recorded March 21,1868. This mortgage remains unsatisfied in part, and her prayer is for a sale of both lots to pay the same. Sternberger and Leonard Stephenson were each purchasers of separate pacéis of the lots…
1Opinion of the CourtJohnson, C. J.
Sternberger’s deed was delivered and took effect prior to that to Leonard Stephenson. Both parcels covered by the respective deeds were subject to the lien of Mrs. Hanna’s mortgage. As this mortgage is in part unsatisfied, and she is asking a sale for its payment, the contest between Sternber-ger and Morgan is, whose land shall be first sold to satisfy the same ?
Morgan’s claim is, that although his deed is later than Sternberger’s, yet his equity to have Sternberger’s land first sold is the better. He founds this claim upon the alleged fact that he was in actual possession of the land covered…
2Cases cited4 opinions
- James v. HubbardNew York Court of Chancery · 1828
- Hunt v. MansfieldSupreme Court of Connecticut · 1863
- Chapman v. . WestNew York Court of Appeals · 1858
- Spafford v. BradleyOhio Supreme Court · 1851