Ohio Circuit Courts, 1909

Humphreys v. Schlenk

Humphreys v. Schlenk
Ohio Circuit Courts · Decided June 26, 1909 · Giffen, Smith, Swing
22 Ohio C.C. Dec. 386

Counsel

Morrison B. Waite, for plaintiff! in error., Owen N. Kinney, for defendant in error.

Humphreys v. Schlenk

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.