Patton v. Sheriff of Pickaway County
Ohio Supreme Court
This was an amicable action, brought to decide the right of the plaintiff to certain moneys made upon execution. It came before the court, upon a case agreed, and was adjourned from the county of Pickaway. The plaintiff, Patton, obtained two judgments against Bentley— one in July, 1820, and one in April, 1821. Upon both these judgments executions were sued out, in June, 1821, and on the 28th of that month, levied, on the real estate of ^Bentley.
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This was an amicable action, brought to decide the right of the plaintiff to certain moneys made upon execution. It came before the court, upon a case agreed, and was adjourned from the county of Pickaway. The plaintiff, Patton, obtained two judgments against Bentley— one in July, 1820, and one in April, 1821. Upon both these judgments executions were sued out, in June, 1821, and on the 28th of that month, levied, on the real estate of ^Bentley. In July, 1822, the appraisement and the levy were set aside. On January 23, 1823, writs of fi. fa. were again sued out, and on February 22,1823, were…
1Opinion of the Court
Opinion of the court, by
Judge Hitchcock.
In the present case, the court are called upon to give a further construction to the judgment and execution law of 1824. In the case of McCormick v. Alexander, ante, 65, delivered at the last term, it was determined that, under that law, judgment creditors, who had not sued out and levied execution within one year from the date of the judgment, lose their lien and preference, as against subsequent judgment creditors, who had sued out and levied execution within the year; and this as well in cases of judgment before the enactment of the law as after it.
It…
2Cited by4 opinions
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