Boos v. Ewing
Ohio Supreme Court
This is a Bill in Chancery reserved in Fairfield County. The bill avers that Boos being seized of Lot No. 2, in Lancaster, conveyed it to Ewing & Martin, April 27, 1844, for $1,200, to be paid $600 in hand and $600 in six years, with the interest annually; that the first payment was made, and the second remains still unpaid, with the interest.
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This is a Bill in Chancery reserved in Fairfield County. The bill avers that Boos being seized of Lot No. 2, in Lancaster, conveyed it to Ewing & Martin, April 27, 1844, for $1,200, to be paid $600 in hand and $600 in six years, with the interest annually; that the first payment was made, and the second remains still unpaid, with the interest. That until the 4th April, 1845, he relied solely upon his. lien upon the estate for payment, but as the vendor’s lien was liable to be lost by a transfer and conveyance without notice, he took a mortgage upon the lot without any abandonment of his lien…
1Opinion of the CourtBirchard, C. J.
The complainant presents for our consideration a question of very considerable importance, if not one entirely new in this Court. As a mortgagee, he has no claim prior to the liens of the judgments, upon which this land has been sold. This results from the provisions of the act relating to the recording of mortgages, under the construction it has repeatedly received by this Court. See Stansell v. Roberts, 13 Ohio Rep. 148.
Aware of this difficulty, his learned counsel • have rested his case upon the broad, equitable doctrine, that the property of one man ought not to be taken from him in…
2Cases cited1 opinion
- Fish v. HowlandNew York Court of Chancery · 1828
3Cited by24 opinions
- People v. HareMichigan Supreme Court · 1885
- Pearce v. RodellMichigan Supreme Court · 1937
- Dayton & Michigan R. v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1940
- State v. LeeOregon Supreme Court · 1899
- Coates v. StateSupreme Court of Arkansas · 1887
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