Weenick v. Slutz

Citations

• 98 Ohio St. (N.S.) 342

Syllabus

<p>Judgments — Action to revive — Foreclosure — Claim reduced to judgment, when — Statute of limitations — Sections 11645 and 11648, General Code.</p> <p>In a suit to foreclose a mortgage personal service was had on the defendants; the plaintiff in his petition prayed that the amount due him be determined and a decree entered therefor, that the premises described in the mortgage be sold and the proceeds applied on his decree, and that he have judgment against each of the defendants for any balance remaining unpaid. The court found plaintiff was entitled to the relief prayed for, determined the amount due him from the defendants, ordered, adjudged and decreed that the defendants pay the same within five days, and that in default thereof said premises be sold and plaintiff have execution at law against the goods, chattels, lands and tenements of the defendants for any balance remaining unpaid after exhausting said property. Held, the claim of the plaintiff was thereby reduced to judgment, upon which an action in revivor may be maintained if the same be commenced within twenty-one years from the time it became dormant.</p>