Blank v. Altenau

Ohio Circuit Courts

Blank v. Altenau

19 Ohio C.C. 635

DecidedJanuary 15, 1899

StatusPublished

This text of 19 Ohio C.C. 635 (Blank v. Altenau) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blank v. Altenau, 19 Ohio C.C. 635 (Ohio Super. Ct. 1899).

Pincite

Opinion

By the Court:

The plaintiff below sued on a judgment against Sarah Brown, obtained during,the January term, 1897, upon which there is [636]*636an unsatisfied balance of $296.31. He claimed that this judgment became a lien on property on Price Hill, sold and transferred during that term of court to the present plaintiff in error. The court below sustained a demurrer to the purchaser’s answer, and granted a decree for sale.

Louis J. Dolle, for Plaintiff in Error. Charles F. Droste, contra.

The reviewing court holds that Sarah Brown lost her right of homestead by the transfer; that the judgment is a lien on the property in question; but the purchaser having paid back-taxes and an old mortgage is subrogated to those claims.

Judgment reversed, demurrer overruled and cause remanded for further proceedings.

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By the Court:

The plaintiff below sued on a judgment against Sarah Brown, obtained during,the January term, 1897, upon which there is [636]*636an unsatisfied balance of $296.31. He claimed that this judgment became a lien on property on Price Hill, sold and transferred during that term of court to the present plaintiff in error. The court below sustained a demurrer to the purchaser’s answer, and granted a decree for sale.

Louis J. Dolle, for Plaintiff in Error. Charles F. Droste, contra.

The reviewing court holds that Sarah Brown lost her right of homestead by the transfer; that the judgment is a lien on the property in question; but the purchaser having paid back-taxes and an old mortgage is subrogated to those claims.

Judgment reversed, demurrer overruled and cause remanded for further proceedings.

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Bluebook (online)

19 Ohio C.C. 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blank-v-altenau-ohiocirct-1899.