Ohio Supreme Court, 1883

Albin v. Riegel

Albin v. Riegel
Ohio Supreme Court · Decided January 15, 1883
40 Ohio St. (N.S.) 339

Albin v. Riegel

Opinion of the Court

By the Court.

Cassily v. Rhodes, 12 Ohio, 88, and Houts v. Showalter, 10 Ohio St., 125, have established that a judicial sale does not pass growing crops to the purchaser. The reasons given for these decisions apply as fully to the landlord’s share, where the crop is put in by a tenant, as to a crop grown by the judgment debtor, or by the parties in partition. While, as a general rule, a purchaser is entitled to rent that did not become due until after title vested in him, we think that in this state, a well defined exception to the rule has been recognized, and that the purchaser at a judicial sale acquires no right to the landlord’s share of a growing crop.

Judgment affirmed.

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