Smith v. Smith
Ohio Supreme Court
Reserved in the district court of Lorain county. In August, 1859, the plaintiff filed his petition in the court of common pleas of Lorain county, setting forth that the defendant, Alexander M. Smith, on the 15th day of November, 1853, made his promissory note, and delivered the same to John Smith, and thereby promised to pay to him, or bearer, four hundred and sixty-five dollars, on or before the 1st day of April, 1859, and that he has failed to pay the same, or any part…
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Reserved in the district court of Lorain county. In August, 1859, the plaintiff filed his petition in the court of common pleas of Lorain county, setting forth that the defendant, Alexander M. Smith, on the 15th day of November, 1853, made his promissory note, and delivered the same to John Smith, and thereby promised to pay to him, or bearer, four hundred and sixty-five dollars, on or before the 1st day of April, 1859, and that he has failed to pay the same, or any part thereof, and asks judgment for said sum, together with interest from said 1st day of April. And for a second cause of…
1Opinion of the Court
Suture, O.J.
There is nothing in the agreed statement of facts, or in the proof before us, to impair the validity of the notes and mortgage relied upon by the plaintiff, at the time of their execution to the testator, John Smith; nor is there anything to invalidate the claim of the defendants, Samuel Plumb and Ralph Plumb, to the character of bona fide purchasers and grantees of the land from Alexander M. Smith, without any actual notice of the prior mortgage to John Smith. There is, therefore, only one question presented to our consideration upon which the merits of the case is made to…
2Cited by2 opinions
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- Ivey v. DawleySupreme Court of Florida · 1905