Gormley v. Potter
Ohio Supreme Court
Motion 'for leave to file a petition in error to reverse the judgment of the District Court of Cuyahoga county. , The original petition was filed by Abel H. Potter and others, judgment creditors of Patrick Gormley, against said Patrick and Ann his wife, Edward Flynn, and the West Side Home and Loan Association.
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Motion 'for leave to file a petition in error to reverse the judgment of the District Court of Cuyahoga county. , The original petition was filed by Abel H. Potter and others, judgment creditors of Patrick Gormley, against said Patrick and Ann his wife, Edward Flynn, and the West Side Home and Loan Association. The plaintiffs below having recovered a judgment against Patrick Gormley and one Edward Keegan, caused an execution issued thereon to be levied on the real estate described in the petition. The petition avers, in substance, that with intent to defraud his creditors, Patrick Gormley…
1Opinion of the CourtWhite, J.
The ruling of the district court is correct.. The mistake of the plaintiff in error is in regarding the-original petition as in the nature of a creditor’s bill to reach-equities of the judgment debtor.
The action is not founded on section 458 of the code. In-order to maintain an action under that section, it is neces*599sary to aver that the judgment debtor has not personal or real property subject to levy on execution sufficient to satisfy the judgment.
The land in controversy was subject to levy on execution, and the levy upon it was properly made. The conveyance to Elynn by the judgment debtor,…
2Cited by6 opinions
- Stock-Growers' Bank v. NewtonSupreme Court of Colorado · 1889
- Randolph v. AllenCourt of Appeals for the Fifth Circuit · 1896
- Ashbaugh v. SauerMichigan Supreme Court · 1934
- In re OliverDistrict Court, S.D. Ohio · 1968
- Longley v. Sewell, Court of Common Pleas of Ohio, Hamilton County1895
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