Earnfit v. Winans
Ohio Supreme Court
This cause came before the court by adjournment from Warren county, upon a certiorari to the court of common pleas, brought to reverse an order for appropriating money between the claims of different judgment creditors. It was argued by Corwin, for Earn-fit, and G-. J. Smith, for Winans. As the whole case is contained in the opinion of the court, the statement and arguments are omitted.
1Opinion of the Court
Opinion of the court, by
Judge Burnet:
The question to be decided in this case is, which of the parties is entitled to a sum of money made on execution, each having a judgment and a levy on the property sold prior to the sale. The' facts in the agreed case, as far as it is necessary to notice them, are these: In August, 1820, Winans obtained a-judgment against Adams as principal and Hollingsworth as security, and in November following issued an execution, which was levied on a lot of ground, No. 294, the property of Adams. As the statute requires the property of the principal debtor to be…
2Cited by2 opinions
- Charbonneau v. RobertsCuyahoga Circuit Court · 1903
- Humphreys v. SchlenkOhio Circuit Courts · 1909