Davis Carriage Co. v. Weber

Citations

• 22 Ohio C.C. Dec. 621

Syllabus

<p>CREDITORS’ BILL — PLEADING.</p> <p>In Creditor’s Bui to Sell Certain Property Creditor Brought in haying Interest therein cannot Assert Another and Different Claim against Defendant.</p> <p>Where a plaintiff, in an action in the nature of a creditor’s bill seeking to have property sold and proceeds applied to payment of his debt, brings in another party claiming to have some interest in the property in question, the latter cannot by answer and cross petition assert against debtor, whose property it is sought to subject to sale, a claim for money judgment, but is confined to the assertion of a claim against the particular property in question; hence, the court improperly made a finding as to the amount due from one of the defendants to the other, notwithstanding the defendant against whom the finding was made was in default for answer.</p>