Legal Opinion

Simmons v. Moore

Ashtabula Circuit Court

Decided October 15, 1897Published

Heard on Error.

1Opinion of the CourtFrazier, J.

Proceedings in error are prosecuted by E. R. Simmons and others, claiming to have liens by reason of levies made after the death of Sarah J. Moore, of executions issued on judgments against A. U. Moore.

A. U. Moore, as administrator of his wile’s estate, commenced proceedings in the probate court for the sale of the real estate of his deceased wife. It is an uncontroverted fact that Mrs. Moore was insolvent at her decease.

The administrator made not only himself, as heir, but the mortgagees of his wife, parties, and averred that certain other parties claimed an interest in these premises, as…

2Cases cited2 opinions

  1. Gaylord, Son & Co. v. M. Imhoff & Co.Ohio Supreme Court · 1875
  2. Mortley v. FlanaganOhio Supreme Court · 1882

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