Cook v. Mozer
Cases that cite this one
53 later published cases cite this decision. The 25 that cite it most often are listed here.
- Beneficial Ohio, Inc. v. Ellis (Ohio 2009)
- National City Bank v. Fruchtman (Lucas County Court of Common Pleas 2002)
- Allen-Baker v. Shiffler (Lucas County Court of Common Pleas 1998)
- Beneficial Ohio v. Ellis, 2006-T-0040 (6-22-2007) (Ohio Ct. App. 2007)
- Whitaker v. Paru Selvam, L.L.C. (Ohio Ct. App. 2015)
- ABN AMRO Mortgage Group, Inc. v. Jackson (Ohio Ct. App. 2005)
- Sorrell v. Micomonaco (Ohio Ct. App. 2017)
- Levin v. George Fraam & Sons, Inc. (Ohio Ct. App. 1990)
- Weese v. Dalton (Ohio Ct. App. 2023)
- Kerger & Hartman, L.L.C. v. Ajami (Ohio Ct. App. 2015)
- Ransier v. Countrywide Home Loans, Inc. (In re Seymour) (United States Bankruptcy Court, S.D. Ohio 2010)
- Eastern Savings Bank v. Bucci, 08 Ma 28 (12-4-2008) (Ohio Ct. App. 2008)
- National Union Fire Ins. Co. v. Hall, Unpublished Decision (1-31-2003) (Ohio Ct. App. 2003)
- Moffitt v. Litteral, Unpublished Decision (9-20-2002) (Ohio Ct. App. 2002)
- In re Ochmanek (United States Bankruptcy Court, N.D. Ohio 2000)
- Haber Polk Kabat, L. L.P. v. Condominiums At Stonebridge Owners' Ass'n, Inc. (Ohio Ct. App. 2017)
- US Bank National Assn. v. Collier, 08ap-207 (12-23-2008) (Ohio Ct. App. 2008)
- Abn Amro Mortgage v. Roush, Unpublished Decision (4-14-2005) (Ohio Ct. App. 2005)
- Treinish v. Norwest Bank Minnesota, N.A. (In re Periandri) (United States Bankruptcy Appellate Panel of The Sixth Circuit 2001)
- Hunter v. Bank of New York (In re Anderson) (United States Bankruptcy Court, N.D. Ohio 2001)
- Tax Ease Ohio, L.L.C. v. Living Care Alternatives of Kirkersville (Ohio Ct. App. 2024)
- Bates Recycling, Inc. v. Conaway (Ohio Ct. App. 2018)
- CitiMortgage, Inc. v. Brown (Ohio Ct. App. 2017)
- Allen v. Bryan (Ohio Ct. App. 2013)
- Kellner v. Fifth Third Bank (In re Durham) (United States Bankruptcy Court, S.D. Ohio 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Epitomized Opinion
Rose Mozer filed suit for divorce and alimony in July, 1920, stating that certain real estate standing-in the name of her husband, Charles Mozer, was really only held in trust by him: and that she was the equitable owner, and asking that title be transferred to her. The Common Pleas entered a decree, Jan. 8, 1921, granting her a divorce and transferring-said real estate to her. On Sept. 23, 1920, while the divorce case was pending, one Cook took judgment on a cognovit note against Charles Mozer, and caused the sheriff to levy on the aforesaid real estate.
The sheriff later advertised said real tstate for sale on Jan. 22, 1921. On Jan. 21, 1921, Rose' Mozer filed this, suit in the Common Pleas to enjoin the sheriff from -selling said property. Defendant Cook filed an answer denying that Rose Mozer was the equitable owner of said real estate when his judgment was taken- Rose Mozer in reply aljleged that Cook colluded with Charles Mozer to obtain the judgment lien on her property and that at the time of that judgment Cook knew from her petition in the divorce case filed in July, 1920, that she was thjfl owner of the property, -and invoked the doctrine <^B lis pendens- Cook made a motion for judgment oiB the pleadings, which was sustained by the CommorB Pleas- Rose Mozer appealed to the Court of Ap-B peals, which found for her and granted the injunc-B tion- Cook prosecuted error. Held: B
An action for divorce and alimony, especially* where property is claimed and- is described in thJB pleadings, presents a good case for the doctrine cl^j lis pendens. That doctrine was properly applied to this case by the Court of Appeals and their judg- ] ment is confirmjed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.