National Bank v. Tennessee Coal, Iron & Railroad
Ohio Supreme Court
Error to the Circuit Court of Franklin county. The agreed statement of facts iB in substance as follows: On October 19, 1891, Alexander C. Patton, one of the defendants in error, made to the plaintiff in error his promissory note, in the words and figures follow-in?. to-wit: “$25,000.00. Columbus, O., Oct. 19, 1891. One day after date, we promise to pay to the order of A. Gr. Patton, twenty-five thousand and no hundredths dollars, at the National Bank of Columbus, Ohio.
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Error to the Circuit Court of Franklin county. The agreed statement of facts iB in substance as follows: On October 19, 1891, Alexander C. Patton, one of the defendants in error, made to the plaintiff in error his promissory note, in the words and figures follow-in?. to-wit: “$25,000.00. Columbus, O., Oct. 19, 1891. One day after date, we promise to pay to the order of A. Gr. Patton, twenty-five thousand and no hundredths dollars, at the National Bank of Columbus, Ohio. Value received. Alex. G. Patton. Indorsed: A. G. Patton.” On October 31, 1891, Alexander G. Patton and his wife executed and…
1Opinion of the CourtBurket, J.
As the statutes of this state stood before the revision of 1880, “lands and tenements” could be levied upon and sold to pay debts, sec. 420 of the Code of Civil Procedure, and statutes prior thereto. Under those statutes it was held that an equity could not be levied upon and sold to pay debts, and that a judgment did not create a lien upon an equity. Baird v. Kirtland, 8 Ohio, 21; Morris v. Way, 16 Ohio, 469; Loring v. Melendy, 11 Ohio, 355, and many other cases.
The statute was amended in 1880, sec. 5374, so as to make “lands and tenements, including vested interests therein,” subject to…
2Cases cited2 opinions
- Newman v. SamuelsSupreme Court of Iowa · 1864
- Brantley & Brother v. Wood & BrotherSupreme Court of Georgia · 1896