Thompson v. Clement Schnader

Citations

• 27 Ohio C.C. Dec. 610
• 16 Ohio C.C. (n.s.) 582
• 1907 Ohio Misc. LEXIS 409

Syllabus

<p>EXEMPTIONS — JUDGMENTS—REVIVOR.</p> <p>Winch, Henry and Giffen, JJ.</p> <p>1. Revivor Dates from Final not Conditional Order.</p> <p>Where a conditional order of revivor is made, but the language of the court in making it is clearly prospective as regards the establishment and effectiveness of the revivor, the revivor will date from the final order and not from the conditional order.</p> <p>2. Lien of Revived Judgment Dates from First Day of Term at Which Made not Term When Asked.</p> <p>Where a motion for revivor is filed during one term of court and the final order granting revivor is made during the succeeding term, the lien of the revived judgment will date from the first day of the second term.</p> <p>3. Judgments not Dormant Until Five Years from Date Judgment Rendered.</p> <p>Judgments do not become dormant until five years from the date they are rendered.</p> <p>4. Homestead Exemption Personal to Cotenant not Available to Purchaser at Partition Sale.</p> <p>The right to claim homestead exemption is a personal matter and where a judgment lien has attached to a cotenant’s interest in a piece of property which is afterward sold upon partition proceedings, the purchaser can not, as against the judgment lien holder, claim the exemption which the cotenant might have asserted.</p> <p>[Syllabus by the court.]</p>