Meek v. Breckenridge
Ohio Supreme Court
Motion for leave to file a petition in error to reverse the judgment of the District Court of Franklin county. The original action was brought by the defendant, Isaac R. Lane, against the defendant, Breckenridge, to foreclose .a mortgage given to secure certain promissory notes, one -of which, amounting to three hundred dollars, was due and unpaid. James W.' Meek and Eanny A., his wife, were made parties defendant.
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Motion for leave to file a petition in error to reverse the judgment of the District Court of Franklin county. The original action was brought by the defendant, Isaac R. Lane, against the defendant, Breckenridge, to foreclose .a mortgage given to secure certain promissory notes, one -of which, amounting to three hundred dollars, was due and unpaid. James W.' Meek and Eanny A., his wife, were made parties defendant. Breckenridge, in answer to the petition of the plaintiff, .admitted the execution and delivery of the note and mortgage, and that the note was unpaid ;'but, by way of counterclaim,…
1Opinion of the CourtBoynton, J.
The action below was brought to foreclose a mortgage given to secure the payment of purchase-money of real estate. The defense interposed was a counterclaim for damages arising out of an alleged breach of the covenants of title contained in the deed of conveyance from the vendor of the premises, Isaac R. Lane, to the vendee, Breekenridge. The latter, not having been disturbed in his possession of the premises, does not claim that his defense can be sustained, unless the case is brought by the answer within the provisions of section 557 of the code of civil procedure. That part of the section…
2Cases cited3 opinions
- Philbrick v. EwingMassachusetts Supreme Judicial Court · 1867
- Russell v. HubbardIllinois Supreme Court · 1871
- Wickersham v. OrrSupreme Court of Iowa · 1859
3Cited by16 opinions
- Smith v. DenniffMontana Supreme Court · 1900
- Trueblood v. PierceSupreme Court of Colorado · 1947
- Pifer v. BrownWest Virginia Supreme Court · 1897
- Bass v. City of Fort WayneIndiana Supreme Court · 1890
- Joseph v. WildIndiana Supreme Court · 1896
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