Douglas v. Wallace
Ohio Supreme Court
This is a bill in chancery, from the county of Fayette. The facts of the case, as they appear in the bill, answer, exhibits, and testimony, are as follows : At the September term of the court of common pleas of Fayette county, 1818, the defendant, Wallace, recovered a judgment, by confession, against Absalom and Adam Funk, for a debt of $140 and costs.
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This is a bill in chancery, from the county of Fayette. The facts of the case, as they appear in the bill, answer, exhibits, and testimony, are as follows : At the September term of the court of common pleas of Fayette county, 1818, the defendant, Wallace, recovered a judgment, by confession, against Absalom and Adam Funk, for a debt of $140 and costs. At the time of the rendition of this judgment, Absalom Funk held, by deed, from Adam Funk, the following lands, lying in Fayette county, to wit: Survey No. 7251, of 150 acres; No. 3708, of 400 acres; and No. 3789, of 176 acres. Wallace levied…
1Opinion of the CourtHitchcock, J.
Two questions seem' to be presented to the' court, for consideration, in this case:
1. As to the effect of an arrest on ca. sa., where the arrest is discharged by the surrender of property; and,
2. Whether, in a ease like the present, a court of chancery can furnish relief.
As to tho first question. We are aware that, by the principles of the common law, if a judgment debtor is arrested on a ca sa., such arrest will be considered equivalent to, a satisfaction of a judgment. In fact, it is said to be tho highest satisfaction known to the law. But there are, and must necessarily be, exceptions to…
2Cited by16 opinions
- Scammon v. WardWashington Supreme Court · 1890
- Bastrup v. PrendergastIllinois Supreme Court · 1899
- Sumner v. SeatonNew Jersey Court of Chancery · 1890
- Omaha Savings Bank v. SimeralNebraska Supreme Court · 1901
- Waterfield v. RiceCourt of Appeals for the Sixth Circuit · 1901
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