Kern's Administrator v. Foster
Ohio Supreme Court
This is a writ of certiorari, directed to the court of common pleas of Ross county. *The object of the writ is to reverse an order of that court, made when sitting as a court of chancery, at the June term, 1847, confirming the sale of land under a decree for the sale of mortgaged premises.
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This is a writ of certiorari, directed to the court of common pleas of Ross county. *The object of the writ is to reverse an order of that court, made when sitting as a court of chancery, at the June term, 1847, confirming the sale of land under a decree for the sale of mortgaged premises. The decree was rendered at the April term, 1843. Yarious writs of sale were issued, and appr aisements and re-appraisements were had, from the date of the decree until the sale, a period of more than four years. While these proceedings were in progress, the defendant died, on December 24, 1846. Tho only…
1Opinion of the CourtRead, J.
These proceedings are not properly before us.
writ of certiorari is not the mode of questioning the regularity of a sale and order of confirmation in chancery. An order of confirmation of sale in chancery, is such a final sentence or decree as authorizes an appeal to the Supreme Court, under section 52 of the chancery, act. Swan’s Stat. 713. To sustain appeals from such orders has been the constant practice. The case of Hay v. Schooley, 7 Ohio, 48, pt. 2, and Craig’s Adm’r v. Fox & Miller, decided at the present term, were both appeals from orders of confirmation of sales had under decrees in…
2Cited by6 opinions
- Jacobs v. MorrowNebraska Supreme Court · 1887
- In re the Guardianship of Gorman, Court of Common Pleas of Ohio, Franklin County, Civil Division1904
- Jones v. WillisOhio Supreme Court · 1905
- McCoy v. AllenOhio Circuit Courts · 1895
- McCoy v. AllenFayette Circuit Court · 1895
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