Carter v. Ross
Ohio Circuit Courts
Error to the Court of Common Pleas of Franklin County. The plaintiffs in error seek a reversal of the judgment of the court of common pleas sustaining a demurrer to their petition.
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Error to the Court of Common Pleas of Franklin County. The plaintiffs in error seek a reversal of the judgment of the court of common pleas sustaining a demurrer to their petition. In their petition they allege that they are and were at the time of the matters of which they complain husband and wife, living in and being residents of Franklin county, Ohio; that the defendant, James Ross, then was and yet is the sheriff of said county; that on October 10, 1889, Andrew Carter executed to the defendant, Delilah Worthington, his promissory note for $3,057.20, and to secure its payment, he and his…
1Opinion of the CourtShauck, J.
The general question is whether Andrew Carter was, in view of the facts alleged, at the time of these demands, or either of them, the owner of a homestead in such sense as to preclude the allowance of an exemption in chattels in its stead.
Two propositions are made in support of the judgment below : (1) That the question is to be determined by the circumstances and the condition of the parties at the time the sheriff levied his execution upon the chattels which, though after the decree of foreclosure and the three days allowed by the terms of the decree for-the payment of the amount found due,…
2Cases cited1 opinion
- Feigley v. WhitakerOhio Supreme Court · 1872