Coggshall v. Marine Bank Co.
Ohio Supreme Court
Error to the Circuit Court of Cuyahoga county. As stated by counsel for plaintiff in error, the caso below was this: The case was begun by the defendant in error in the court of common pleas, to subject, land to the payment of an attachment lien. That, court decided against the plaintiff, dismissing its petition.
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Error to the Circuit Court of Cuyahoga county. As stated by counsel for plaintiff in error, the caso below was this: The case was begun by the defendant in error in the court of common pleas, to subject, land to the payment of an attachment lien. That, court decided against the plaintiff, dismissing its petition. Appeal was taken to the circuit court, where a decree was rendered in favor of the plaintiff, defendant in error, against the plaintiff in error who-was defendant below. The petition alleged in substance that the plaintiff, the Marine Bank Company, on October 31, 1893,, brought an…
1Opinion of the CourtSpear, J.
Two propositions are urged by plaintiff In error in support of her claim that the judgment of the circuit court shouid be reversed. One: Where *94the owner of land sells it, receives a part of the consideration, and agrees in writing to convey on payment of the balance, and puts the vendee in possession, the purchaser becomes the owner of the land, having such title as would descend to his heirs, and not to his legal representatives, the vendor retaining only the naked legal title which he holds in trust for the vendee, with a lien upon the land for the unpaid purchase money, which is personal…
2Cases cited2 opinions
- Burnett v. CaldwellSupreme Court of the United States · 1870
- Butler v. Brown's heirsOhio Supreme Court · 1855