Cincinnati Cordage & Paper Co. v. Dodson Printers Supply Co.
Cincinnati Cordage & Paper Co. v. Dodson Printers Supply Co.
Opinion of the Court
1. Where property levied on -under a mortgage fi. fa. is sold under the provisions of the Civil Code, §§ 5463, 5464, an order for the sale having been duly granted upon a petition therefor by the ’ plaintiff in such fi. fa., he can not complain that in proceedings to distribute the funds arising from the sale the court in which the proceedings are had awards a portion of the funds to the holder of a mortgage of an older date, which created a lien upon the property sold, although the
2. A sale under the provisions of the sections referred to in the foregoing headnote divests all liens in the property sold, and the liens so divested attach to the money raised by the sale. Welsh v. Lewis, supra.
Judgment affirmed.
Reference
- Full Case Name
- Cincinnati Cordage and Paper Company v. Dodson Printers Supply Company
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- Published