Ohio § 2329.48 Relief of officer who levies upon and sells wrong property in good faith

Ohio Statutes

§ 2329.48 — Relief of officer who levies upon and sells wrong property in good faith

Ohio § 2329.48

Title 23Courts-Common Pleas

Ch. 2329Execution Against Property

This text of Ohio § 2329.48 (Relief of officer who levies upon and sells wrong property in good faith) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2329.48 (2026).

Text

When an officer to whom an execution issues on a judgment levies it in good faith upon property not subject to levy, sells it, applies the proceeds in satisfaction in whole or part of the judgment, and a recovery is had against him for its value, upon payment thereof, on motion before the court having control of the judgment and a showing that due notice of such motion was given to the defendant in the execution, such officer may have the satisfaction of such judgment vacated, and execution shall issue therefor for  his use as if such levy and sale had not been made.

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When an officer to whom an execution issues on a judgment levies it in good faith upon property not subject to levy, sells it, applies the proceeds in satisfaction in whole or part of the judgment, and a recovery is had against him for its value, upon payment thereof, on motion before the court having control of the judgment and a showing that due notice of such motion was given to the defendant in the execution, such officer may have the satisfaction of such judgment vacated, and execution shall issue therefor for his use as if such levy and sale had not been made.