Legal Opinion

Smith v. Handy

Ohio Supreme Court

Decided December 15, 1847PublishedCited by 15 opinions

This is a bill of review, reserved in Cuyahoga county. The bill was originally filed in the court of common pleas of that county, to reverse a decree of that court. It comes into this court by appeal from the court of common pleas, where it was dismissed.

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This is a bill of review, reserved in Cuyahoga county. The bill was originally filed in the court of common pleas of that county, to reverse a decree of that court. It comes into this court by appeal from the court of common pleas, where it was dismissed. The facts of the case, so far as is necessary for a proper understanding of the points decided, are as follows: On February 6, 1843,' the president, directors, and company of the Commercial Bank of Lake Erie filed a bill in chancery, seeking, among other things, to obtain a decree for the sale of certain mortgaged premises, in the bill set…

1Opinion of the CourtHitchcock, J.

This case is one of very considerable importance, whether we consider the principles involved, or the amount of property in controversy. In disposing of it, it may be as well first to dispose of the error last assigned. This error is, that the court, by its decree, gave preference to the Commercial Bank over *192judgments recovered before the execution of the mortgage, when the creditors, recovering *sueh judgments, set up no claim in said lands in opposition to her right of dower. By the principles of law as recognized in this state, although a judgment creditor has a lion upon the lands of his…

2Cases cited4 opinions

  1. Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
  2. Catlin v. WareMassachusetts Supreme Judicial Court · 1812
  3. Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
  4. Hall v. SavageU.S. Circuit Court for the District of Massachusetts · 1826

3Cited by15 opinions

  1. Miller v. FinnNebraska Supreme Court · 1871
  2. Hoyd v. Citizens Bank of Albany Co.Court of Appeals for the Sixth Circuit · 1937
  3. Jewett v. FeldheiserOhio Supreme Court · 1903
  4. McGough v. SweetserSupreme Court of Alabama · 1892
  5. Cox v. Ohio Department of TransportationOhio Supreme Court · 1981

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