Legal Opinion

Brazee v. President of the Lancaster Bank

Ohio Supreme Court

Decided January 15, 1846PublishedCited by 1 opinion

This case comes before this court by writ of certiorari to the court of common pleas of Fairfield county. Its object is to reverse an order of that court, made by the distribution of certain moneys, made by sale on execution of certain lands, the property of Francis Cunningham; the parties *in interest being certain judgment creditors and mortgagees. The facts of the case are stated in the opinion of the court.

1Opinion of the CourtHitchcock, J.

This is a controversy between the creditors of Francis Cunningham, having liens upon his estate, either by judgment or mortgage. The record shows that John T. Brazee received judgment against Cunningham, on August 27, 1838, which was a lien upon his real estate in Fairfield county. But no execution was taken out within one year and levied.

After the rendition of the judgment, and on October 25, 1838, Cunningham executed to McCracken and Ayres a mortgage on the same property; on January 22, 1-839, he executed another *320mortgage to McCracken, Myers, and Wing'; and, on February 22, 1839, he…

2Cited by1 opinion

  1. State ex rel. Clark v. SmithSupreme Court of Missouri · 1891

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