Sturgeon v. Mason

Ohio Circuit Courts

Sturgeon v. Mason

8 Ohio C.C. 118

DecidedJanuary 15, 1894

StatusPublished

This text of 8 Ohio C.C. 118 (Sturgeon v. Mason) 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

Sturgeon v. Mason, 8 Ohio C.C. 118 (Ohio Super. Ct. 1894).

Pincite

Opinion

The court,

Moore, J.,

as to the issues between Mason and Charlton reversed the decree below, and held, in substance, that Sturgeon’s mortgage had priority for two reasons:

I. That the second execution was not a writ authorized by law, while the levy subsisted under the first execution. The second writ should have been a vendi or order to sell the land under the first levy. The second writ being void, the judgment of Mason became dormant, his lien was lost and Sturgeon’s mortgage became the first lien.

II. That merely making a levy on the foreign execution, and ordering the same returned, without further proceedings, did not secure a lien as against the subsequent mortgage of Sturgeon.

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The court,

Moore, J.,

as to the issues between Mason and Charlton reversed the decree below, and held, in substance, that Sturgeon’s mortgage had priority for two reasons:

I. That the second execution was not a writ authorized by law, while the levy subsisted under the first execution. The second writ should have been a vendi or order to sell the land under the first levy. The second writ being void, the judgment of Mason became dormant, his lien was lost and Sturgeon’s mortgage became the first lien.

II. That merely making a levy on the foreign execution, and ordering the same returned, without further proceedings, did not secure a lien as against the subsequent mortgage of Sturgeon.

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Bluebook (online)

8 Ohio C.C. 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sturgeon-v-mason-ohiocirct-1894.