Superior Lumber & Millwork Co. v. Ricks

Court of Common Pleas of Ohio, Hamilton County

Superior Lumber & Millwork Co. v. Ricks

28 Ohio N.P. (n.s.) 432, 1931 Ohio Misc. LEXIS 1578

CourtCourt of Common Pleas of Ohio, Hamilton County

DecidedFebruary 25, 1931

StatusPublished

This text of 28 Ohio N.P. (n.s.) 432 (Superior Lumber & Millwork Co. v. Ricks) is published on Counsel Stack Legal Research, covering Court of Common Pleas of Ohio, Hamilton County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Superior Lumber & Millwork Co. v. Ricks, 28 Ohio N.P. (n.s.) 432, 1931 Ohio Misc. LEXIS 1578 (Ohio Super. Ct. 1931).

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Opinion

Matthews, J.

The court has already announced its decision with reference to all the liens asserted in this case, excepting the claim of A. H. Mahan. He claims a lien by virtue of an attachment of a certain house. It appears that this house was in a public street at the time of the levy, severed from the real estate, and being moved from one lot to another. It was attached as personal property. Notwithstanding the attachment the house was moved to the lot which is the subject matter of this action, attached to the real estate and improvements made thereon. Various liens have fastened upon it as real estate. Notwithstanding the fact that it has become real estate, A. H. Mahan claims a lien upon it by virtue of his attachment.

It seems to the court that this levy was not properly made or has been abandoned. Root v. Railway Co., 45 Ohio St., 222.

A decree may be prepared finding that A. H. Mahan has no lien upon this property and that the other litigants have liens as heretofore decided by the court.

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Matthews, J.

The court has already announced its decision with reference to all the liens asserted in this case, excepting the claim of A. H. Mahan. He claims a lien by virtue of an attachment of a certain house. It appears that this house was in a public street at the time of the levy, severed from the real estate, and being moved from one lot to another. It was attached as personal property. Notwithstanding the attachment the house was moved to the lot which is the subject matter of this action, attached to the real estate and improvements made thereon. Various liens have fastened upon it as real estate. Notwithstanding the fact that it has become real estate, A. H. Mahan claims a lien upon it by virtue of his attachment.

It seems to the court that this levy was not properly made or has been abandoned. Root v. Railway Co., 45 Ohio St., 222.

A decree may be prepared finding that A. H. Mahan has no lien upon this property and that the other litigants have liens as heretofore decided by the court.

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Bluebook (online)

28 Ohio N.P. (n.s.) 432, 1931 Ohio Misc. LEXIS 1578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/superior-lumber-millwork-co-v-ricks-ohctcomplhamilt-1931.