Page:Federal Reporter, 1st Series, Volume 6.djvu/281

 FEKOB V. OOOHBiN. 269 �the defendant was urgent that it sbould be decided, so as to avoid the expense and delay of further litigatioii. �As it is, the court having determined that the grant to the children of the deceased settler, Cutting, included the chil- dren of his deceased son A. J., the word "heirs" in the pat- ent is practically the exact synonym of the word "children" as used in the statute; and although the patent should have been issued to the children instead of the heirs, still the «fFect and operation given by it to the grant coiucides with the true iuteut and meaniug of the act. ���PzNOE, Assignee, etc., v. Goohban and others.* �(District Court, 8. D. Ohio. March, 1881.) �X JunaMBin Liens — Lez Fori— Rttlb of Dbcisioit in Federal Coitbtb. �The lien of judgments depends upon the lawB of the state In wluch �they are asserted ; and the federal courts, in determining their nature �and priority, will be govemed by the construction put upon those �la-ves by the highest courts of the state. �a. Same— Ohio— Pkiobitt— Lbvt within a Tsab. �Under the latrs of Ohio regulating the liens of judgments, s jndg- ment levied within a year from its rendition, upon a part of the lands of the judgment debtor, is not a lien upon the lauds not levled upon, as against a subsequent judgment rendered more than a year after the arst, and levied upon such lands within a year from its rendition. �Z. Bamb— Baukkhpt Law. �Under the bankrup't laws of the United States, the liens of judg- ments and their priority is to be determined as they ezisted at the time of the adjudication in bankruptcy. �4. Samb— Samb— Ohio-^Priobitt— Lbvy within a Tbab. �Where D. had recovered a judgment against the baukrupt, and at a subsequent tenu of the court M. recovered a judgment against him, neither of which was levied, and before the expiration of a year from the rendition of the judgment first rendered the judgment debtor was adjudicated a bankrupt, TiM, that both these judgments were liens upon the lands of the judgment debtor not levied upon by a judgment rendered more than one year before the rendition of tha first judgment, and must be paid in the order of their rendition. �«Reported bj Messrs. Florien Qiauque and J. C. Harper, of the Uincin- aati bar. ��� �