Coe v. Erb
Ohio Supreme Court
Error to the Circuit Court of Franklin county. The defendant in error, D. S. Erb, commenced an action in the court of common pleas against one Hendrickson and others, including the plaintiff in error, Irvin T. Coe.
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Error to the Circuit Court of Franklin county. The defendant in error, D. S. Erb, commenced an action in the court of common pleas against one Hendrickson and others, including the plaintiff in error, Irvin T. Coe. His petition set forth that on the nineteenth of March, 1894, he recovered a judgment against Hendrickson in that court in an action which was pending’ on and before the first day . of the January term, 1894, for $311.29, and costs, which is wholly unpaid and unsatisfied; that from December 31, 1893, and prior to the first day of the January, 1894, term of the court, and that from…
1Opinion of the CourtSpear, C. J.
The question argued by counsel for plaintiff in error, as arising upon the record, is, whether or not, in an action commenced prior to the beginning of the term, upon a claim for money, a judgment announced though not placed upon the journal during the term but entered nunc pro tuno after the term, creates a lien upon, the real estate of the judgment debtor, as against a bona fide purchaser who buys during the term but before the judgment is announced, without knowledge of the pendency of the action.
*262The question thus made involves a consideration of the statute which deal with the essentials…
2Cases cited15 opinions
- Borer v. ChapmanSupreme Court of the United States · 1887
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
- Morrow v. Mason's heirsCourt of Appeals of Kentucky · 1859
- McClannahan v. SmithSupreme Court of Missouri · 1882
- Miller v. WolfSupreme Court of Iowa · 1884
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