Dean v. McMullen
Ohio Supreme Court
Error to the Court of Appeals of Champaign county. Anna McMullen filed a petition in the court of common pleas of Champaign county against Wilbur H. Dean, praying for personal judgment in the sum of $950, with interest, for rent due upon a lease, and also praying that all chattel property of Wilbur H. Dean, which was listed and appraised in a bankruptcy proceeding theretofore filed in the United States District Court, be sold and applied upon the payment of her claim.
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Error to the Court of Appeals of Champaign county. Anna McMullen filed a petition in the court of common pleas of Champaign county against Wilbur H. Dean, praying for personal judgment in the sum of $950, with interest, for rent due upon a lease, and also praying that all chattel property of Wilbur H. Dean, which was listed and appraised in a bankruptcy proceeding theretofore filed in the United States District Court, be sold and applied upon the payment of her claim. Demurrer was filed to this petition and overruled. The defendant filed an answer containing two defenses. The first defense…
1Opinion of the CourtAllen, J.
Three major questions arise in this case. They are as follows:(1) Can exemptions be waived by executory contract in Ohio?(2) Is a contract between the lessee and the lessor, charging rent upon the lessee’s personal property on the farm, superior to the lessee’s claim of exemption in lieu of homestead?(3) Is a contract between lessee and lessor, charging rent upon the lessee’s personal property on the farm, superior to an exemption claim as serted by tbe wife of tbe debtor, who did not join in the lease?
Subdivision 9 of the lease, under which this case arises, reads as follows:
“That all goods…
2Cases cited14 opinions
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Beecher v. BaldyMichigan Supreme Court · 1859
- Curtis v. O'BrienSupreme Court of Iowa · 1866
- Carter's Administrators v. CarterSupreme Court of Florida · 1884
- Recht v. KellyIllinois Supreme Court · 1876
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3Cited by10 opinions
- Daugherty v. Central Trust Co.Ohio Supreme Court · 1986
- Dennis v. SmithOhio Supreme Court · 1932
- Weaver v. LynchSupreme Court of Colorado · 1926
- City Loan & Savings Co. v. KeenanOhio Supreme Court · 1939
- Bob Bay & Son, Co. v. Circle Inv. Corp., Court of Appeals of Ohio, Fourth District, Pickaway County2018
5 more not listed; retrieve them via the Exa API.