Gorrell v. Kelsey
Ohio Supreme Court
Error to the District Court of Belmont County. Upon affidavit that the controversy therein was real, and that the proceedings in the case were in good faith, and to determine the rights of the parties, the following agreed statement of facts and submission of case, was filed June 26, 1879, in .the court of common pleas of Belmont County, to wit.: “Edmund G. Morgan v. James Kelsey.
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Error to the District Court of Belmont County. Upon affidavit that the controversy therein was real, and that the proceedings in the case were in good faith, and to determine the rights of the parties, the following agreed statement of facts and submission of case, was filed June 26, 1879, in .the court of common pleas of Belmont County, to wit.: “Edmund G. Morgan v. James Kelsey. “Now come Edmund G. Morgan and James Kelsey, the parties in this case, and, on the following agreed statement of facts, submit to the court a certain matter in controversy between them as to which has the -prior and…
1Opinion of the CourtDickman, J.
Neither the judgment of Kelsey nor that of Morgan was a lien on the premises which were thereafter conveyed.to Shupe by the master commissioner. “The existence, validity, and extent of a judgment lien are mat-' ters purely legal, dependent upon statutory provisions.” Douglass v. Huston et al., 6 Ohio, 162. The interest which a judgment may bind must be one which can be levied on and sold to satisfy it. Roads v. Symmes, 1 Ohio, 314. Shupe did not take possession of the premises until August 1, 1878, and the deed of that date was delivered to him August 2, 1878. Until delivery of the deed, his…
2Cases cited1 opinion
- Haynes v. BakerOhio Supreme Court · 1855