Legal Opinion

Northern Bank of Kentucky v. Roosa

Ohio Supreme Court

Decided December 15, 1844PublishedCited by 1 opinion

This is a writ of certiorari to the superior court of Cincinnati. *The record presents the following state of facts: Matthias Roosa, at the October term, 1842, of the superior court of Cincinnati, recovered a judgment against Telomachus B. Coffin, on which, before the end of that term, execution was issued and levied on the land of the defendant, held by lease, for the term of ninety-nine years, renewable forever.

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This is a writ of certiorari to the superior court of Cincinnati. *The record presents the following state of facts: Matthias Roosa, at the October term, 1842, of the superior court of Cincinnati, recovered a judgment against Telomachus B. Coffin, on which, before the end of that term, execution was issued and levied on the land of the defendant, held by lease, for the term of ninety-nine years, renewable forever. Henry Rockey, also, and C. G-. Springer and Lewis Whiteman recovered judgment against the same defendant, at the same term, on which executions were issued and levied on the same…

1Opinion of the CourtBirchard, J.

Two questions arise in this case:

1, Are judgments liens upon permanent leasehold estates for onoyear ?

2. Can one judgment, by a levy upon lands within ten days, obtain a preference over other judgments rendered at the same time, and levied within the year?

The solution of the first question depends upon the correctnossof an opinion of this court, reported in Loring v. Melendy, 11 Ohio, 357. The opinion alluded to, was upon a point not necessary to the determination of the cause, and not considered by all the-members of the court at the time. Hence the remark made in the case of Lessee of Boyd…

2Cases cited1 opinion

  1. Lessee of Bisbee v. HallOhio Supreme Court · 1828

3Cited by1 opinion

  1. Stevens v. StevensNew York Supreme Court · 1889

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