Minor v. Smith
Ohio Supreme Court
Appeal. Reserved in the district court of Erie county. The case is stated in the opinion of the court. The facts do not show that a valid levy of execution was' made, and continued as against this plaintiff, a Iona fide mortgagee; and the burden of sustaining the levy is upon the defendant. Green v. Burlce, 23 Wend. 491; Dresser v. Ainsworth, 9 Barb. S. 0. Rep. 620; Ray v. Harcourt, 19 Wend. 495; Van Wych v. Pine, 2 Hill, 666; Price v. Shipps, 16 Barb.
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Appeal. Reserved in the district court of Erie county. The case is stated in the opinion of the court. The facts do not show that a valid levy of execution was' made, and continued as against this plaintiff, a Iona fide mortgagee; and the burden of sustaining the levy is upon the defendant. Green v. Burlce, 23 Wend. 491; Dresser v. Ainsworth, 9 Barb. S. 0. Rep. 620; Ray v. Harcourt, 19 Wend. 495; Van Wych v. Pine, 2 Hill, 666; Price v. Shipps, 16 Barb. S. 0. Rep. 585; McBurney v. Overstreet, 8 B. Mon. 300; Beelcman v. Lansing, 3 Wend. 446, 450; Camp v. Chamberlain, 5 Denio, 198; Haggerty v.…
1Opinion of the CourtBrineERHORR, J.
This case, commenced the 22d of July, 1859, in the common pleas of Erie county, was appealed to the district court of that county, and there reserved for decision in this court.
The plaintiff files his petition, claiming to be, and is admitted to be, the mortgagee, under a chattel mortgage, duly executed and filed according to the requirements of the statute, of an organ belonging to the First Presbyterian Church of Sandusky, against the defendant, Smith, sheriff of Erie county, and the other defendants, judgment creditors of said church, praying a perpetual injunction to restrain the…
2Cases cited7 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Beekman v. LansingNew York Supreme Court · 1830
- Camp v. ChamberlainNew York Supreme Court · 1848
- McBurnie v. OverstreetCourt of Appeals of Kentucky · 1847
- Seymour v. Milford & Chillicothe Turnpike Co.Ohio Supreme Court · 1841
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3Cited by2 opinions
- Murphy & Bros. v. SwadenerOhio Supreme Court · 1877
- Root v. Railroad Co.Ohio Supreme Court · 1887