
    INSOLVENCY — COURTS.
    [Hamilton Circuit Court.]
    Cunningham, Exr., v. Jackson et al.
    Jurisdiction to Sell Real Estate Assigned for Creditors.
    The probate court alone has jurisdiction to administer and sell mortgaged real estate after an. assignment thereof for the benefit of creditors.
    
      C. W. Baker, ior plaintiff.
    
      Channing W. Richards, contra.
    Motion for judgment on the pleadings.
    The plaintiff sued on notes and for foreclosure of mortgage on realty. Before the case came to a hearing the defendant made an assignment for the benefit of her creditors. Thereupon Judge Jelke, in the common pleas, granted a decree finding that there was due the plaintiff f2,271.66, and to Ella C. Bell, a party defendant, the sum of i $1,158.67, and that these amounts are respectively first and second liens on the same property, and further that this defendant had assigned all her property including this real estate to Channing W. Richards for the benefit of her creditors, and ordering the said Richards to allow these claims in the settlement of his trust.
    From this an appeal was taken.
   Swing, J.

Upon the authority of Sayler v. Simpson, 45 Ohio St., 141, 147 [12 N. E. Rep. 181]; Barr v. Chapman, 3 Circ. Dec. 36 (5 R. 74), and Callahan v. Ice & Refrigerating Co., 7 Circ. Dec. 349 (13 R. 479), we are ¡ of the opinion that when the assignment was made the right to admin-I ister and sell the real estate .in controversy was vested exclusively in the i probate court, and this court will not therefore order a sale of the real I estate. The same judgment should be entered in this court as was l entered in the court of common pleas.  