Mueller v. Bates
Ohio Superior Court, Cincinnati
Special Term. — On demurrer to answer. The plaintiffs recovered a judgment against Reeder & Bates — the first as principal debtor, the second as surety; and execution has issued, and the sheriff returns, “ that he can find, no personal nor real property of Reeder, whereon to levy,” Whereupon an other execution has been levied upon what is charged to be the real property of Bates, the surety, but which it is stated, is incumbered by liens and conveyances that involve the…
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Special Term. — On demurrer to answer. The plaintiffs recovered a judgment against Reeder & Bates — the first as principal debtor, the second as surety; and execution has issued, and the sheriff returns, “ that he can find, no personal nor real property of Reeder, whereon to levy,” Whereupon an other execution has been levied upon what is charged to be the real property of Bates, the surety, but which it is stated, is incumbered by liens and conveyances that involve the title, and prevent a sale. The petition charges that these are all fraudulent, as to the creditors, and ought to be removed.…
1Opinion of the CourtStorer, J.
Two questions are presented. First, as to the effect of the sheriff’s return. Second, as to the sufficiency of the defendant’s averment, questioning the return of the officer.
By section 449 of the code, in all eases where judgment is entered against two or more parties, and the court has ordered it to he certified, who is the principal debtor, and who is security only, it is made the duty of the clerk to “ issue execution, commanding the sheriff or other officer, to cause the money to be made of the goods, chattels, lands and tenements of the principal debtor, but for want of sufficient…
2Cases cited4 opinions
- Watson v. WatsonSupreme Court of Connecticut · 1827
- Stoors v. KelseyNew York Court of Chancery · 1831
- Butts v. FrancisSupreme Court of Connecticut · 1822
- United States v. LotridgeU.S. Circuit Court for the District of Ohio · 1834