Holliday v. Franklin Bank
Ohio Supreme Court
This is a bill in chancery, reserved in the county of Knox. The object of the bill is to determine the priority of liens between a mortgagee of John Buckingham and sundry judgment creditors. Samuel Ross recovered a judgment against Buckingham *at the June term of the court of common pleas of Knox county, in the year 1838, and levied upon land, January 1, 1840. At the October term, 1839, several more judgments were taken and all levied within the year.
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This is a bill in chancery, reserved in the county of Knox. The object of the bill is to determine the priority of liens between a mortgagee of John Buckingham and sundry judgment creditors. Samuel Ross recovered a judgment against Buckingham *at the June term of the court of common pleas of Knox county, in the year 1838, and levied upon land, January 1, 1840. At the October term, 1839, several more judgments were taken and all levied within the year. On October 9,1839, Columbus Delano took a mortgage from Buckingham on the land covered with these levies, and delivered it to the recorder for…
1Opinion of the CourtRead, J.
"Upon the above state of facts arise the following three questions:
1. Where there is a senior judgment, and no levy within the year, a junior judgment and levy within the year, which gives it precedence over the senior judgment, and an intervening mortgage which has precedence over the junior judgment, which lien shall prevail—that of the senior judgment, that of the mortgage, or the junior judgment ?
2. Prom what time does a mortgage take effect—from the date of its delivery to the mortgagee, or from the time it is delivered to the recorder to be entered upon record ?
3. If from the time of…
2Cited by11 opinions
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