Farmers Bank v. Commercial Bank
Ohio Supreme Court
This is a certiorari to the court of common pleas of the county of Cuyahoga. It brings into this court the proceedings in the court of common pleas, upon a motion to appropriate money, made on execution ; and the case is submitted, on an agreed state of facts, in substance as follows: The Farmers Bank of Canton, on August 12, 1837, recovered judgment, in the Supreme Court of Cuyahoga county, against Alanson Penfield, for $3,126.06, including costs, which was remanded to the…
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This is a certiorari to the court of common pleas of the county of Cuyahoga. It brings into this court the proceedings in the court of common pleas, upon a motion to appropriate money, made on execution ; and the case is submitted, on an agreed state of facts, in substance as follows: The Farmers Bank of Canton, on August 12, 1837, recovered judgment, in the Supreme Court of Cuyahoga county, against Alanson Penfield, for $3,126.06, including costs, which was remanded to the court of common pleas for execution. Upon this judgment no execution was issued within one year succeeding its rendition…
1Opinion of the CourtHitchcock, J.
From the statement of the case, it will be seen that the lien of the judgment of the Farmers Bank of Canton had lost its preference as to any other bona fide judgment creditor, at the time the execution on that judgment was issued. But the lien of the Commercial Bank of Lake Erie was in full force, if at any time the judgment in its favor operated' as a lien upon the property sold. But it is insisted *by counsel for the plaintiff, [73 that this latter judgment did not operate at all as a lien, on account of the mortgage which had been executed previous to its rendition, and it is further…
2Cited by2 opinions
- Mobile & Ohio Railroad v. WeinerMississippi Supreme Court · 1874
- Opinion No. 71-415 (1972) Ag, Oklahoma Attorney General Reports1972