Ketcham v. Fitch
Ohio Supreme Court
Eeror to the district court of Lucas county. The material facts in this case are as follows : On the 15th of December, 1858, Simeon Fitch and Esther M. Fitch, his wife, executed to Valentine H. Ketcham a mortgage upon certain lands of the wife in the city of Toledo, to secure the payment of their joint note in three years from date, for the sum of six thousand dollars, with interest at the rate of ten per cent, per annum, payable annually.
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Eeror to the district court of Lucas county. The material facts in this case are as follows : On the 15th of December, 1858, Simeon Fitch and Esther M. Fitch, his wife, executed to Valentine H. Ketcham a mortgage upon certain lands of the wife in the city of Toledo, to secure the payment of their joint note in three years from date, for the sum of six thousand dollars, with interest at the rate of ten per cent, per annum, payable annually. The note also contained a stipulation, that, if the interest was not paid promptly at maturity, the principal should fall due, and both principal and…
1Opinion of the Court
Scott, J.-
By the assignment of errors, in this case, it is claimed that the court erred :
1. In refusing plaintiff leave to file his supplemental petition, and make said Joseph K. Secor a party.
2. In refusing to order said taxes, penalty and interest, to be paid out of said proceeds of sale.
3. In ordering the surplus of said proceeds of sale, after paying the mortgage debt, interest and costs, to be paid over to said Esther M. Fitch.
The propriety of these several rulings of the court, de*207pends upon the same questions, to-wit: whether it was the duty of the court, without defendant’s consent, to…
2Cited by11 opinions
- Grafton v. MongOhio Supreme Court · 1938
- Opdyke v. CrawfordSupreme Court of Kansas · 1878
- Canton Bank & Trust Co. v. M. M. Smith-Martindale Co.Ohio Court of Appeals · 1939
- Miners' Bank v. ChurchillSupreme Court of Arkansas · 1922
- Dietl v. SipkaOhio Court of Appeals · 2009
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