Stuble v. Walpole
Ohio Supreme Court
Certiorari to the Court of Common Pleas to reverse an order of that court setting aside a levy and sale on execution. The ¡flain448] * tiffs in error recovered a judgment against Tallmadgo and Beers, in October, 1831, levied an execution the same month upon the east part of one hundred acres of land, which was appraised and sold to one Warden.
Read the full summary
Certiorari to the Court of Common Pleas to reverse an order of that court setting aside a levy and sale on execution. The ¡flain448] * tiffs in error recovered a judgment against Tallmadgo and Beers, in October, 1831, levied an execution the same month upon the east part of one hundred acres of land, which was appraised and sold to one Warden. Walpole had a decree against the same persons for costs in the Court of Common Pleas in May, 1831, which was appealed to the-Supreme Court, and the same decree rendered there, in October, 1831. Upon this decree a ca. sa. issued, and the defendants were…
1Opinion of the Court
BY THE COURT.
The lien of Walpole’s decree was at an end when he arrested the bodies of the defendants on the ca. sa. and was subsequently attached to the thirty acres, another part of the one hundred acre tract. The judgment of Walpole of 1826, and the levy, bound the. land in dispute, until September, 182V, when the year expired from its date. The decree for costs, which followed the dismissal of the bill of injunction in chancery, did not revive the lien of the judgment. The lien was gone before the bill was filed, and was not affected by it. The decree for costs was a lien from its…
2Cases cited1 opinion
- Heirs of Clark v. EllisOregon Supreme Court · 1881
3Cited by1 opinion
- Gordon v. GordonSupreme Court of Pennsylvania · 1865