Legal Opinion

Southward v. Jamison

Ohio Supreme Court

Decided May 13, 1902Published

Error to the Circuit Court of Pickaway county. The defendant in error, Robert B. Jamison, commenced this action by a petition in the court of common pleas of Pickaway county against the plaintiff in error, John Southward, seeking to subject certain real estate to the payment of a judgment lien. There was a partition suit pending at the time of the levy of the judgment, wherein Annie Dawson was plaintiff and John Southward et al. were defendants.

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Error to the Circuit Court of Pickaway county. The defendant in error, Robert B. Jamison, commenced this action by a petition in the court of common pleas of Pickaway county against the plaintiff in error, John Southward, seeking to subject certain real estate to the payment of a judgment lien. There was a partition suit pending at the time of the levy of the judgment, wherein Annie Dawson was plaintiff and John Southward et al. were defendants. This last named case was consolidated with this action, and such proceedings were had that the court of common pleas found for the defendants. An…

1Opinion of the CourtDavis, J.

The contention in this case is concerning the validity of a judgment against the plaintiff in error rendered in Delaware county, and which was made a lien by levy on his lands in Pickaway county. It is asserted that the judgment is void because it was rendered upon a cross-petition of codefendants of the plaintiff in error against him, upon which cross-petition no summons was issued, in an action by a mortgagee of the defendants praying for a judgment against the mortgagors on the mortgage notes, for a foreclosure of the mortgage, for sale of the mortgaged premises and for all proper relief,…

2Cases cited7 opinions

  1. Fletcher v. HolmesIndiana Supreme Court · 1865
  2. Acheson v. MillerOhio Supreme Court · 1849
  3. Rowe v. RandIndiana Supreme Court · 1887
  4. Maholm v. MarshallOhio Supreme Court · 1876
  5. Pattison v. VaughanIndiana Supreme Court · 1872

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