Galpin v. Lamb
Ohio Supreme Court
Error to the Court of Common Pleas of Trumbull county. Reserved in the district court. The action originally was brought in the Court of Common Pleas of Trumbull county, by John Lamb, the defendant in error, against Samuel D. Galpin, the plaintiff in error.
Read the full summary
Error to the Court of Common Pleas of Trumbull county. Reserved in the district court. The action originally was brought in the Court of Common Pleas of Trumbull county, by John Lamb, the defendant in error, against Samuel D. Galpin, the plaintiff in error. The petition shows the following facts : That the plaintiff', Lamb, commenced an action, January 11,1869, in the Court of Common Pleas of Trumbull county, to foreclose a mortgage on certain real estate in said county, against Asa E. Andrews, the mortgagor, making R. W. Ratcliff'and the plaintiff in error, Galpin, defendants. That…
1Opinion of the CourtWhite, J.
It has been ruled in many cases that a sheriff may maintain an action in his official capacity, against the purchaser of real estate at judicial sale, to recover the price at which the property was struck off at such sale. Ennis v. Waller, 3 Blackf. 472; Hand et al. v. Grant, Sheriff, 5 S. & M. 508; Chappell, Sheriff, v. Daun, 21 Barb. 17; Armstrong v. Vroman, 11 Minn. 220; Gwynne on Sheriffs, 355.
In making such sale according to the commands of the writ under which he acts, he is discharging his duties ás an officer of the law. As is said in Armstrong v. Vroman, supra, until the money…
2Cases cited6 opinions
- Gaskell v. MorrisSupreme Court of Pennsylvania · 1844
- Armstrong v. VromanSupreme Court of Minnesota · 1866
- Chappell v. DannNew York Supreme Court · 1855
- Bierce v. PierceOhio Supreme Court · 1846
- Ennis v. WallerIndiana Supreme Court · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hammond v. CailleaudCalifornia Supreme Court · 1896
- Mariners Savings Bank v. DucaSupreme Court of Connecticut · 1922
- Barrielle v. BettmanDistrict Court, S.D. Ohio · 1912
- Fitch v. FirestoneDistrict Court, D. Rhode Island · 1959
- Union Trust Co. v. MonroeOhio Court of Appeals · 1930
7 more not listed; retrieve them via the Exa API.