Butler v. Brown's heirs
Ohio Supreme Court
Bill of Review. Reserved in the District Court of Lucas county. The original bill in this case was filed by the present defendants, as the heirs and legal representatives of Benjamin S. Brown, deceased, against the present complainants, on the 26th March, 1847, in the court of common pleas of Lucas county.
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Bill of Review. Reserved in the District Court of Lucas county. The original bill in this case was filed by the present defendants, as the heirs and legal representatives of Benjamin S. Brown, deceased, against the present complainants, on the 26th March, 1847, in the court of common pleas of Lucas county. Its object was, to quiet the present defendants in their title to lots 465 and 466, in the Vistula division of Toledo ; and the facts, as they appear from the pleadings and the'testimony, are as follows: On the 8th February, 1837, Edward Bissell and Benjamin S. Brown entered into a contract…
1Opinion of the CourtJ. R. Swan, J.
Bissell was a competent witness under the statute.
We are satisfied that Brown did not pay the purchase money. A majority of the court are of the opinion that the rule stated by the Supreme Court in the case of Manley v. Hunt et al., 1 Ohio Rep. 257, should not be disturbed. It has for more than thirty years been acted upon as a rule of title, to wit: that when lands have been sold, the vendor becomes a trustee for the vendee, and the land ceases to be liable for the debts of the vendor on after acquired judgments. Conceding that under this rule the bank obtained no lien by its judgment, and…
2Cases cited1 opinion
- Wilber v. PaineOhio Supreme Court · 1824
3Cited by4 opinions
- Miller v. ScottOhio Court of Appeals · 1924
- Coggshall v. Marine Bank Co.Ohio Supreme Court · 1900
- McFarland v. PurperCuyahoga Circuit Court · 1908
- Wright v. Franklin BankOhio Supreme Court · 1898