Wilcox v. May
Ohio Supreme Court
This is a writ of certiorari to the Court of Common Pleas of Fairfield county. The writ is prosecuted to review and reverse an order of the court of common pleas of Fairfield county, for the distribution of monej/made by sale on execution among judgment creditors.
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This is a writ of certiorari to the Court of Common Pleas of Fairfield county. The writ is prosecuted to review and reverse an order of the court of common pleas of Fairfield county, for the distribution of monej/made by sale on execution among judgment creditors. The transcript of the record shows, that at the March term of the court of common pleas of Fairfield county, 1846, and on the 23d day of the same month of March, Samuel May recovered a judgment by confession, against Reed Armstrong, for six hundred six dollars damages, and costs of suit. Execution was issued upon the judgment on the…
1Opinion of the CourtHitchcock, C. J.
From the record it appears that the three judgments were all rendered at the same term of the same court, although on different days in the term. As they were all judgments by confession, and as such judgments operate as liens only from the day of rendition, had there been land in the county of Fairfield, the judgment first rendered' would have had the preferable lien upon such land.
It further appears, that during the same term of the court in which these judgments were entered, executions were* issued upon them, directed to the sheriff of an adjoining: county, to wit, the county of Ross, and…
2Cases cited1 opinion
- Patton v. Sheriff of Pickaway CountyOhio Supreme Court · 1826