Lytle v. Cincinnati Manufacturing Co.
Ohio Supreme Court
Certiorari to the court of common pleas of Hamilton county, to reverse an order for the distribution of certain moneys made upon execution. At November term, 1829, the sheriff returned that he had made twenty-six thousand eight hundred and sixty dollars upon an execution issued on a judgment in favor of Lytle and Avery against the Cincinnati Manufacturing Company.
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Certiorari to the court of common pleas of Hamilton county, to reverse an order for the distribution of certain moneys made upon execution. At November term, 1829, the sheriff returned that he had made twenty-six thousand eight hundred and sixty dollars upon an execution issued on a judgment in favor of Lytle and Avery against the Cincinnati Manufacturing Company. Upon this return, several other judgment creditors appeared, and claimed this money or a part thereof, and founded their claims upon the following state of facts: * October 12,1820, the Miami Exporting Company recovered a judgment…
1Opinion of the Court
By the Court:
The assignees of Lytle and Avery, having purchased the real estate in controversy, upon an execution in their favor, regularly issued and levied, are entitled to retain the purchase money, and apply the saíne as a credit upon their judgment, unless some other subsisting, paramount claim is interposed.
The pretensions of the several applicants are to be considered.
First. It seems agreed by all parties that the judgment of Safer is entitled to priority; and may; therefore, be laid out of the question.
Second. The judgment of the Miami Exporting Company, being older than the judgment…
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