Legal Opinion

City of Cincinnati v. Fogarty

Court of Common Pleas of Ohio, Hamilton County

Decided October 15, 1913Published

Cyc. Vol. 8, page 315; Sheldon v. Newton, 3 Ohio St., 494; Hammond v. Davenport, 16 Ohio St., 177, 181-2-3; R. R. Co. v. Village of Belle Centre, 48 Ohio St., 273; Gaw v. Glass Co. 20 C. C., 416; Spoors v. Coen, 44 Ohio St. 497-502; Laughlin v. Vogelsong, 5 C. C., 407; Cyc.

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Cyc. Vol. 8, page 315; Sheldon v. Newton, 3 Ohio St., 494; Hammond v. Davenport, 16 Ohio St., 177, 181-2-3; R. R. Co. v. Village of Belle Centre, 48 Ohio St., 273; Gaw v. Glass Co. 20 C. C., 416; Spoors v. Coen, 44 Ohio St. 497-502; Laughlin v. Vogelsong, 5 C. C., 407; Cyc. Vol. 24, page 73, and authorities there cited; Jashenosky v. Volrath, 59 Ohio St., 545; Boyd v. Longworth, 11 Ohio Rep., 236-253; Oviatt v. Brown, 14 Ohio Rep., 286-294; Tennessee Coal Co. v. Gardner, 131 Ala., 599; Vass v. Arington, 89 N. C., 10; Cale v. Shaw, 33 W. Va., 299; Hughes v. Swope, 88 Ky., 254; Duhadaway v.…

1Opinion of the CourtDickson, J.

On August 5, 1891, John McGill, to secure his note payable to the order of John Frankenberger, executed to him a mortgage in which were the usual words of defeasance contained in such instruments.

On August 12, 1891, John McGill, to secure his note payable ■ to the order of William M. Ramsey, executed to him a mortgage on the same real estate. This Ramsey note and mortgage subsequently became the property of Ramsey, guardian.

This real estate by deed dated August 31st, 1892, became the property of Julia McGill (now AValters), the wife of John McGill.

On April 1, 1895, Ramsey, guardian, filed his…

2Cases cited2 opinions

  1. Taliaferro v. GayCourt of Appeals of Kentucky · 1879
  2. Seeley v. Mitchell's AssigneeCourt of Appeals of Kentucky · 1887

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