Nixon & Chatfield v. Nash
Ohio Supreme Court
Error to the district court of Gallia county. The plaintiffs in error brought suit in the court of common pleas of Gallia county, against the defendants in error, setting forth in their petition the recovery of a judgment by them in the said court of common pleas, against William H. Nash, one of the defendants in error, for $228 57, and costs of suit.
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Error to the district court of Gallia county. The plaintiffs in error brought suit in the court of common pleas of Gallia county, against the defendants in error, setting forth in their petition the recovery of a judgment by them in the said court of common pleas, against William H. Nash, one of the defendants in error, for $228 57, and costs of suit. That an execution was issued upon said judgment and levied on the interest of said Nash, in the goods and chattels in a book store situate in said county, and owned and carried on by the defendants in error as partners under the firm name of Wm.…
1Opinion of the CourtPeck, J.
The petition was filed in this cause, by a judgment creditor of one member of a mercantile firm, to enforce a lien created by the levy of an execution upon his debtor’s interest in the firm, prior to any sale upon execution of the interest so levied on.
The demurrer to the petition raises several questions, the most important of which are:
1. Whether the separate creditor, by such levy, acquires, *649R law, any lien upon his debtor’s interest in the joint assets, and if so, its nature and extent ?
2. Whether such separate creditor, after the levy and before the sale, can invoke the equity powers of…
2Cases cited10 opinions
- Walsh v. AdamsNew York Supreme Court · 1846
- Church v. KnoxSupreme Court of Connecticut · 1818
- Moody v. PayneNew York Court of Chancery · 1817
- Scrugham v. CarterNew York Supreme Court · 1834
- Moore & Co. v. SampleSupreme Court of Alabama · 1842
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