Lessee of Fosdick v. Risk
Ohio Supreme Court
This is an action of" Ejectment, reserved in the County of Hamilton. , ' The case was sübmittedto a jury, at the last term of-the, Supreme Court.in Hamilton 'county.
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This is an action of" Ejectment, reserved in the County of Hamilton. , ' The case was sübmittedto a jury, at the last term of-the, Supreme Court.in Hamilton 'county. Upon the trial, it was proved that,, in 1820, the defendant, ’Risk, sold apd conveyed the land'in controversy to one Huddart,. and" took back .a'mortgage from Huddart, to .secure a note of $1300, the purchase money unpaid; ■ The attestation of the déedj from- Risk to the defendant, was in these words;' “ Sealed and -.delivered in presence of” the two witnesses. At May term of the Court-of Common' Pleas, 1822, of Hamilton county,…
1Opinion of the CourtHitchcock, J.
The facts stated in this case show that Risk, the defendant, held a note secured by mortgage, against Huddart, for thirteen hundred dollars. That he commenced suit upon this note, and recovered a judgment. That he took out execution upon this judgment, and caused the same to be levied upon the mortgaged premises, which were sold' to the lessee of the plaintiff; Risk at the time of the levy and sale being in possession of those premises. The question arising upon these facts, is, as to the nature of the title acquired by the purchaser. It is claimed by counsel for defendant, that *106inasmuch as…
2Cases cited1 opinion
- Baird v. KirtlandOhio Supreme Court · 1837