Sallady v. Webb
Ohio Circuit Courts
Appeal /rom the Court of Common Pleas of Scioto County. This action was brought to foreclose a mortgage given by defendant Webb in 1881, to his co-defendant Wheeler, and assigned, by Wheeler to the plaintiff. No issue was taken on the averments of the petition.
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Appeal /rom the Court of Common Pleas of Scioto County. This action was brought to foreclose a mortgage given by defendant Webb in 1881, to his co-defendant Wheeler, and assigned, by Wheeler to the plaintiff. No issue was taken on the averments of the petition. Webb, the mortgagor, answered, setting up: 1. That his co-defendant, Wheeler, in 1874, sold him the mortgaged premises, and that the mortgage was executed by him to Wheeler to secure the balance of the .purchase-money unpaid at the date of the mortgage. That Wheeler had induced him to purchase the premises by mis-representing the…
1Opinion of the CourtBradbury, J.
This action was brought by the assignee of a mortgage to foreclose it, the plaintiff making both mortgagor and mortgagee defendants. There was no prayer for a personal judgment.
The petition set forth a cause of action, purely equitable, in which neither party had a right to a trial by jury, and therefore, by section 5226 of the Revised Statutes, either party could appeal to the circuit court.
The fact that no issue was joined on the averments of the petition, cannot be held to defeat the right to appeal; there is no such express limitation of this right made by the statute providing for the…
2Cited by1 opinion
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