Ohio Supreme Court December 15, 1848 (Fitch v. Mendenhall)

lead-opinion

Hitchcock, J.

The controversy in this case is between a mortgagee or the assignee of a mortgagee and judgment creditors, as to which has the prior lien upon the premises named in the pleadings. The defendants, Mendenhall, and Petrie & Root, recovered judgments against Hutchinson, Bingham & Co. on the 30th April, 1839, which were liens on these premises.