Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 25

Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 25

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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. 1915 edition. Excerpt: ...that he had no right to ejectment. Therefore while she admits the debt was never paid she claims that said foreclosure sale not having been confirmed until after the bringing of the appropriation proceedings, the superior court was without power to confirm said sale and the lien of the mortgage had become barred by the statute of limitations and there was no right of ejectment because of the form of the assignment. It seems to have been conceded by counsel that if there had been no foreclosure proceedings and the mortgage alone was to have been depended on, it would have been too late to set up the mortgage in the appropriation proceedings and rely upon it, Walters v. Homberg. as more than fifteen years had transpired since the last payment on the note, Kerr v. Lydecker, 51 Ohio St. 240 37 N. E. Rep. 267; 23 L. R. A. 842. And under the case of Doyle v. West, 60 Ohio St. 438 54 N. E. Rep. 469, even if the finding in the superior court made at-the time the decree of sale was taken could be alone relied upon, and subsequent proceedings were Without eifect, then the fifteen year statute would also apply to that. This would probably be true, although the case last cited has been distinguished in the case of Graham v. Simon, 76 Ohio St. 77 81 N. E. Rep. 170, where it is held that an action upon a judgment of a court in this state may be brought at any time within twenty-one years (See. 11648 G. (1.), following the case of Tyler v. Winslow, 15 Ohio St. 364. But counsel for defendant in error insist that Homberg became vested with a title under the mortgage to Frankenberger, not because Frankenberger was a mere trustee for him and that the mortgage should have been declared to be his property from the first, but by reason of its assignment more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 1236865065
  • 9781236865069