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61 Ohio App. 360

22 N.E.2d 632

14 OhioOp. 519

Kunzelmann v. Duval

Ohio Court of Appeals

Decided February 6, 1939

Ohio Court of Appeals · decided 1939-02-06

Cited by 2 later decisions — most recently October 1962

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1939-02-06

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HAMILTON, J,

¶1 concurring.

¶2 I concur in the conclusion reached in *204 the foregoing opinion, for the additional reason that the title to the property sought to be partitioned is in the purchaser at the judicial -¡ale, or his successors, and which sale the plaintiff seeks to void.

¶3 The rule is that the title of a purchaser at a judicial sale cannot, as a general rule, be impeached in equity for errors or irregularities in the proceeding. Stites, et v Wiedner et, 35 Oh St 555.

¶4 If there were irregularities, there are no facts which would impeach the purchaser’s title to the land, and, consequently, the plaintiff has no interest therein.

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