Ranney v. Hardy
Ohio Supreme Court
Error to tbe District Court of Cuyahoga county. April 23, 1872, J. II. Hardy, owner in fee of real estate in the city of Cleveland, known as lot 17, entered into a contract in writing with J. C. McKinnon for tbe sale of it to him for $1,300, payable $20 in band and the balance in monthly installments of $20. McKinnon made the advance payment and was placed in possession of the premises.
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Error to tbe District Court of Cuyahoga county. April 23, 1872, J. II. Hardy, owner in fee of real estate in the city of Cleveland, known as lot 17, entered into a contract in writing with J. C. McKinnon for tbe sale of it to him for $1,300, payable $20 in band and the balance in monthly installments of $20. McKinnon made the advance payment and was placed in possession of the premises. In the month following [May 9, 1872], Hardy borrowed of David Rauney $1,500, and gave him a promissory note for tbe amount, payable in one year. He also executed and delivered to him a mortgage on three…
1Opinion of the CourtOkey, J.
Upon the facts appearing in the foregoing statement, we are of opinion :
1. As David Ranney, when he loaned the money to Hardy- and acceptec| from him a mortgage ’on lot 17, knew that McKinnon was residing on the lot with his family, he was charged with knowledge of the terms and conditions upon which such possession was held. Cunningham v. Buckingham, 1 Ohio, 261; House v. Beatty, 7 Ohio (2 pt.) 84; Kelley v. Stanbery, 13 Ohio, 408; Williams v. Sprigg, 6 Ohio St. 585 ; McKinzie v. Perrill, 15 Ohio St. 162; Bank v. Sawyer, 38 Ohio St. 339, 343. And the other case [Zeller v. Bading) presenting…
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