McConville v. Lee
Ohio Supreme Court
Motion for leave to file a petition in error to reverse the-judgment of the District Court of Harrison county. Foster brought suit in the Court of Common Pleas of Harrison county against A. D. Lee and Phoebe, his wife,, and D. McConville. The action was on a mortgage executed to Foster by Lee and wife, June 18, 1874, on five-lots in Harrison county.
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Motion for leave to file a petition in error to reverse the-judgment of the District Court of Harrison county. Foster brought suit in the Court of Common Pleas of Harrison county against A. D. Lee and Phoebe, his wife,, and D. McConville. The action was on a mortgage executed to Foster by Lee and wife, June 18, 1874, on five-lots in Harrison county. He asked that the amount due on the mortgage should be ascertained, the lots sold, and. the proceeds applied in satisfaction of the mortgage. Mc-Conville, in his answer, claimed a superior lien on the premises,, under a judgment against Lee, which…
1Opinion of the CourtOkey, J.
Plaintiffs in error concede that Lee was not-the owner of a homestead. And we are led to the same conclusion, not because one who owns a college building- and resides therein with his family, may not be regarded as the owner of a homestead, at least as to the part occupied by him, even if the building is actually in use for college purposes (Freeman on Executions, sec. 244), but for the reason that Lee had sold and conveyed the lot and building to another. He still resided in the building, and he had, it appears, a right of repurchase, though there is conflict in the evidence whether the time…
2Cases cited1 opinion
- Feigley v. WhitakerOhio Supreme Court · 1872