Ohio State Reports Volume 47

Ohio State Reports Volume 47

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...mortgages, are limited in their application to these particulars; the legal or equitable effect of the instrument and its contents are unaffected thereby; and the rights of the parties and of third persons subsequently dealing with the land are to be determined by the general rules of law and equity, applicable to the subject in analogous cases. 2. In order to mortgage land as security for a debt, it is not necessary, in all cases, to clothe the creditor with the legal title; it is suflicient if the intent to pledge the land as a security clearly appears from the instrument, and the instrument is duly executed and recorded, as required by statute. 3. A mortgage upon real estate, made by the owner to a partnership in its firm name, to secure an indebtedness to it, duly executed and recorded, as required by statute, constitutes a valid lien upon the property in favor of the firm as a security for the indebtedness to it. (Decided April 29, 1889.) ERROR to the Circuit Court of Clinton county. Yaple, Moos Q Me-Gabe (with whom was Henry B. Lindley), for plaintiff in error. ' The sole question in this case is this: Was the mortgage, taken for the partners jointly in their firm name, " The New Vienna Bank," a valid mortgage lien, from its date, upon the premises described in it, either at law or in equity? In Ohio a mortgage is regarded as a mere security. Swartz v. Leist, 13 Ohio St. 419; Winters v. Bank, 33 Ohio St. 253; sec. 4, Kent's Com. p. 160; Perkins v. Dibble, 1-0 Ohio, 433; Robinson v. Fitch, 26 Ohio St. 659, 663; Lindeman v. Ingham, 36 Ohio St. 9; Johnson v. Nelson, 3 W. L. M. 306. A chattel mortgage made by a firm is good. If property can be so conveyed, it can be so received. An' alien may take a mortgage....show more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236904729
  • 9781236904720