Prosperity Park, Inc. v. Britton

MARVIN, Judge.

The holder of two mortgage notes that were originally negotiated by a corporation he had earlier created, appeals a judgment ordering the clerk of court to cancel the inscription of the two mortgages on the public records. We reverse and remand.

The defendant, holder of the notes, is Albert Britton, who was the sole incorporator, stockholder, and executive officer of the corporation, Prosperity Park, Inc., until he and his wife became embroiled in litigation here and in Ohio to dissolve their property and their marriage. As a result of that litigation, Mrs. Britton became the…