Haines v. Lindsey
Ohio Supreme Court
This case came Defore the court on a motion for a new trial, made by the defendant; the decision of which was adjourned here from Clermont County. The defendant claimed title under a sale upon judgment and execution, the sheriff’s deed being executed by the deputy sheriff. At the trial this deed was rejected, with leave that the defendant move for a new trial, for error in the sourt in rejecting that deed.
1Opinion of the Court
By the Court :
In the most ancient times of the English common law, the sheriff had his under-sheriff. 6 Com. Dig. 413. Such deputy, when appointed, was vested with authority, to perform every ministerial act that the -principal sheriff could perform. The power *80given the principal sheriff, by our statute, is but in affirmance of the common law, and must be considered as clothing the deputy with the ordinary authority exercised by the deputy sheriffs at the common law; and we .think that upon just principles of-analogy, the power to make conveyance of lands sold under execution may be…
2Cases cited2 opinions
- Jackson ex. dem. Masten v. BushNew York Supreme Court · 1813
- Thomas v. BrentU.S. Circuit Court for the District of District of Columbia · 1804
3Cited by3 opinions
- Gilbert v. Fifth Third BancorpOhio Court of Appeals · 2004
- Dixon v. Sub-District No. 5Ohio Circuit Courts · 1888
- Shriver v. WoodfordOhio Court of Appeals · 1946