CUNNINGHAM v. J. A. MYERS CO.

No. 38498.

176 Ohio St. 410 (1964)

CUNNINGHAM, TRUSTEE, v. THE J. A. MYERS CO., APPELLANT; POTTS, APPELLEE, ET AL.

Supreme Court of Ohio.

Decided July 1, 1964.


Attorney(s) appearing for the Case

Mr. C. William Malone, for appellant.

Mr. Walter J. Wolske, Jr., and Mr. Simon P. Dunkle, for appellee.


MATTHIAS, J.

This appeal involves a contest between appellant and appellee for priority of liens upon the land of defendant Speer. Appellee makes his claim by virtue of a writ of execution issued on August 14, 1959, on a cognovit judgment. Appellant's claim arises from a certificate of judgment filed with the clerk on August 26, 1959.

All defendants joined in a motion for summary judgment and, on order of the trial court, filed a joint stipulation of facts...

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