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1 Wright 248

Lytle's Executors v. Reed

Ohio Supreme Court

Decided April 15, 1833

Ohio Supreme Court · decided 1833-04-15

<p>Title acquired after mortgage — redemption—scire facias on — judgment on, concludes after acquired rights.</p> <p>A purchaser of the mortgagor after the mortgage, cannot he let in to redeem the premises against a purchaser under a sale upon a scire facias on the mortgage, or against a judicial sale.</p> <p>Interests acquired from the mortgagor of the mortgagee on which the scire facias issued, and the sale was made, are concluded by the sale.</p>

Decided 1833-04-15

BY THE COURT.

¶1The only question is, can tho complainants, whose testator purchased this mortgaged property, subsequent to the mortgage, be let in to redeem, as against the defendants, who purchased at a judicial sale, under the mortgage? The case of Dennison v. * Allen, 4 O. 495, decides this precise question [249 for the defendants. Interests acquired from the mortgagor, subsequently to that of the mortgage on which the scire facias issued, and the sale was made, are concluded by the sale.

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