Bank of United States v. Schultz
Ohio Supreme Court
This cause was reserved for decision here, by the Supreme Court -of Hamilton county. It was a bill in chancery to enjoin the defendant from selling certain real estate, of which the complainants •were in possession, upon an execution at law. The facts of the case are as follows: On October 12,1820, 0. Schultz recovered a judgment against the Cincinnati Bank, for two thousand six hundred and ninety-eight dollars.
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This cause was reserved for decision here, by the Supreme Court -of Hamilton county. It was a bill in chancery to enjoin the defendant from selling certain real estate, of which the complainants •were in possession, upon an execution at law. The facts of the case are as follows: On October 12,1820, 0. Schultz recovered a judgment against the Cincinnati Bank, for two thousand six hundred and ninety-eight dollars. Execution was sued out November 8, 1820, and levied on real estate, appraised at four thousand four hundred and fifty-eight dollars, and returned not sold.for want of bidders. The…
1Opinion of the Court
The court were unanimously of opinion that a court of equity might properly interfere to prevent a sale of land upon execution, where such sale would not at law confer a title on the purchaser. And its only consequence would be to embarrass the title of the complainants. Upon the merits of the case arising on the construction of the provisions of the statutes, the court were equally divided in opinion. Consequently the bill was dismissed.†
Note by the Editor. — Reaffirmed, iii. 73; v. 48, 178; S. P. xvi. 574.
2Cited by1 opinion
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