Security Trust Co. v. Root

Citations

• 72 Ohio St. (N.S.) 535

Syllabus

<p>Doctrine of Us pendens does not apply — To sales of land for taxes— Sections 2838 and 2880, Revised Statutes — State lien for taxes paramount to all other liens — Sale of land while foreclosure suit is pending — Lien laws.</p> <p>The doctrine of lis pendens does not apply to sales of land for taxes. By virtue of section 2838, Revised Statutes, the lien of the state for taxes is paramount to all other liens, and inasmuch as by force of section 2880, Revised Statutes, the lien of the state is transferred to the purchaser at a tax sale, the purchaser’s claim upon such lien is not affected by the fact that at the time of the sale a suit is pending to foreclose and extinguish the title of the owner, to which suit the purchaser is not a party.</p>