When a defendant in a judgment, or his surety or cosurety , by mistake has directed an execution issued on the judgment to be levied on property not liable thereto, thereby causing such judgment to be wholly or in part satisfied, and has been compelled to pay the owner of the property therefor, he has the same rights against a codefendant in such judgment, and against a cosurety or principal in respect of the debts on which such judgment is founded, as though such satisfaction, by due process of law, had been made out of the property of such defendant, surety, or cosurety so directing such levy.

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Terms Used In Ohio Code 2329.49

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Property: means real and personal property. See Ohio Code 1.59