Humphreys v. Schlenk

Ohio Circuit Courts

Humphreys v. Schlenk

22 Ohio C.C. Dec. 386

DecidedJune 26, 1909

StatusPublished

This text of 22 Ohio C.C. Dec. 386 (Humphreys v. Schlenk) 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

Humphreys v. Schlenk, 22 Ohio C.C. Dec. 386 (Ohio Super. Ct. 1909).

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Opinion

SWING, J.

This is a question as to priority of liens. Schlenk’s judgment is prior in time and is a lien on the lands in controversy, but not having been levied on the lands of the debtor within one year from the time of the rendition of the judgment under the provisions of R. S. 5415 (Gen. Code 11708, 11709), it lost its priority to the judgment of Humphrey’s, which was rendered subsequent and which was levied on the lands in question. Earnfit v. Winans, 3 Ohio 135, 136; Corwin v. Benham, 2 Ohio St. 36; Bish v. Burns, 4 Circ. Dec. 598 (7 R. 285).

Giffen and Smith, JJ., concur.

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SWING, J.

This is a question as to priority of liens. Schlenk’s judgment is prior in time and is a lien on the lands in controversy, but not having been levied on the lands of the debtor within one year from the time of the rendition of the judgment under the provisions of R. S. 5415 (Gen. Code 11708, 11709), it lost its priority to the judgment of Humphrey’s, which was rendered subsequent and which was levied on the lands in question. Earnfit v. Winans, 3 Ohio 135, 136; Corwin v. Benham, 2 Ohio St. 36; Bish v. Burns, 4 Circ. Dec. 598 (7 R. 285).

Giffen and Smith, JJ., concur.

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Bluebook (online)

22 Ohio C.C. Dec. 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humphreys-v-schlenk-ohiocirct-1909.

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