Hutchinson v. Straub
Ohio Supreme Court
Error to the Circuit Court of Warren county. The plaintiff is the assignee for the benefit of creditors of Katie W. Straub, insolvent. The principal defendant in error is The St. Bernard Loan and Building Association Company. The controversy had its origin in the probate court of Warren, by the filing by the assignee of a petition to sell lands, to which the company, as mortgagee, ivas made defendant and answered.
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Error to the Circuit Court of Warren county. The plaintiff is the assignee for the benefit of creditors of Katie W. Straub, insolvent. The principal defendant in error is The St. Bernard Loan and Building Association Company. The controversy had its origin in the probate court of Warren, by the filing by the assignee of a petition to sell lands, to which the company, as mortgagee, ivas made defendant and answered. A sale was ordered, the land sold and an order of distribution entered. From this judgment and order appeal was taken by the assignee to the court of common pleas where a like…
1Opinion of the CourtSpear, J.
It is conceded that the mortgage of the assignor and her husband to the Company is a valid lien and is the first lien. The question is simply one of amount. The controversy centres about the claim of the Company for rents of the property accruing and received by the assignee after the assignment and prior to the sale, and to fines for non-payment of dues and premium up to the date of the sale. From the record it appears that the mortgage is of the usual building association form. It contains the following provision, viz.:
“Katie i\i. Straub and John W. Straub, in consideration of three…
2Cases cited1 opinion
- First National Bank of Joliet v. Illinois Steel Co.Appellate Court of Illinois · 1897