Zuellig v. Hemerlie
Ohio Supreme Court
Error to the Circuit Court of Cuyahoga county. This action was brought by the plaintiff in error to be subrogated to the rights of a mortgage creditor to whom, as a surety of the ancestor of defendants in error, he had paid the mortgage debt. The court of common pleas and circuit court found adversely to his claim whereupon he instituted proceedings in this court for relief against the judgment of the latter court. The facts will be stated in the opinion.
1Opinion of the Court
Bradbury, O. J.
The sufficiency of the petition is the only question before the court here. The *28.'material averments thereof are as follows: In the year 1876, Jacob Borger, the ancestor of defendants in error, as principal, and the plaintiff in error as surety, executed a promissory note for $2,000, payable in one year after date, to the Citizens’ Savings and Loan Association of Cleveland, Ohio, and at the same time said Borger, to further secure the same, his wife releasing her right of dower, executed to said association a mortgage on certain real estate in the city of Cleveland, Ohio; that…
2Cases cited8 opinions
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1872
- Sublett v. McKinneyTexas Supreme Court · 1857
- Joyce v. Joyce's adm'rCourt of Appeals of Kentucky · 1867
- Johnston v. BeldenSupreme Court of Iowa · 1878
- Tutt v. ThorntonTexas Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.