Ozias v. Renner

1 Citing case

  1. Mitchell v. Crain

    108 Ohio App. 143 (Ohio Ct. App. 1958)   Cited 13 times
    Holding that "the final order from which appeals may be had in partition are limited to the order of partition and the order confirming the sale."

    Ozias v. Renner, 78 Ohio App. 168, 64 N.E.2d 326. It is of some interest to note that in the previous opinion, 78 Ohio App. 166, 64 N.E.2d 325, it is held that in a proceeding to set aside a judicial sale of real estate on the grounds of the insufficiency of the purchase price, the purchasers are not parties in interest before the court's confirmation of the sale, but after such confirmation then interests in the real estate vest and they become necessary parties. In Beckman v. Emery-Thompson Machinery Supply Co., supra, it was held that a purchaser at sheriff's sale may prosecute error to reverse a judgment setting aside such sale.