Douglass v. Huston
Ohio Supreme Court
This cause was adjourned, for decision here, from the county of Pickaway. It was a bill in chancery, filed under the statute of Ohio, by the complainant, as a creditor, seeking to subject certain alleged equitable interests of his debtor to the payment of the debt.
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This cause was adjourned, for decision here, from the county of Pickaway. It was a bill in chancery, filed under the statute of Ohio, by the complainant, as a creditor, seeking to subject certain alleged equitable interests of his debtor to the payment of the debt. The material facts were these : The complainant, owned by assignment, two judgments, rendered in favor of the Farmers and Mechanics’ Bank of Chillicothe, against John Carlisle and others, in 1821. In 1824, he caused these judgments to be levied upon two hundred acres of land in Pickaway county, as the property of J. Carlisle, and…
1Opinion of the Court
Judge Lane
delivered the opinion of the court:
If the complainant come into equity to set up a specific lien to the two hundred acres of land, in virtue of his purchase, under the judgment against Carlisle and others, such claim is evidently groundless. The existence, validity, and extent of a judgment lien, are matters purely legal, dependent upon statutory provisions. If it fail at law, it can not be aided in equity. 3 Ohio, 517.
In 1824, at the time of his purchase, the complainant occupied the position of a judgment creditor of Carlisle. The levy, sale, and return of money made, on the…
2Cases cited1 opinion
- M'Dermutt v. StrongNew York Court of Chancery · 1820
3Cited by3 opinions
- Shaw v. AvelineIndiana Supreme Court · 1854
- Haynes v. BakerOhio Supreme Court · 1855
- Scully v. Connelly, Court of Common Pleas of Ohio, Hamilton County1969