Lessee of Scribner v. Lockwood
Ohio Supreme Court
Ejectment. From Sandusky. The case is submitted upon an agreed statement of facts. The plaintiff claims the west part of the S. E. Qr. of frac., S. 2, 6 T. and 13 R. under a deed from Samuel Scribner, and the defendant under a sheriff’s deed, upon a judgment and execution against S. Scribner.
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Ejectment. From Sandusky. The case is submitted upon an agreed statement of facts. The plaintiff claims the west part of the S. E. Qr. of frac., S. 2, 6 T. and 13 R. under a deed from Samuel Scribner, and the defendant under a sheriff’s deed, upon a judgment and execution against S. Scribner. The plaintiff’s deed was executed in New York, the 26th Dee. 1823, and recorded the 28th June, 1825. The judgment against Scribner was rendered at May term, 1824, of the Huron Common Pleas. A fi. fa. issued upon this judgment, which was levied on the land in controversy, in Sandusky county, the 3d of…
1Opinion of the Court
By the Court,
Grimes, Judge.
Two questions are apparently involved in the present inquiry : 1. Was there such an estate in the debtor as was liable to execution at the date of the levy ? 2. May the purchaser at sheriff’s sale avail himself of the benefit of the registry acts ? But in reality these two questions are resolvable into one. The execution and delivery of a deed do not always transfer the title of the grantor. The law has directed further, that such deed shall be * recorded within a limited time ; and if it is not, circumstances may arise which may prevent the estate from being vested…
2Cases cited5 opinions
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
- Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
- Jackson ex dem. Lansing v. ChamberlainNew York Supreme Court · 1832
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1828
3Cited by3 opinions
- Lessee of Irvin v. SmithOhio Supreme Court · 1848
- Byers v. EnglesSupreme Court of Arkansas · 1855
- Lacombe v. HeadleyNew Jersey Court of Chancery · 1918