Gibson v. Mundell
Ohio Supreme Court
Motion for leave to file a petition in error to reverse tbe judgment of the District Court of Pickaway county. The original action was brought in the Pickaway common pleas by the plaintiff against the defendant, James G. Mundell, to foreclose a mortgage, by him executed and delivered to the plaintiff (his wife not joining), on the 2d ■ day of March, 1875, to secure the payment of a promissory note of five hundred dollars due in twelve months from date, with interest at eight…
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Motion for leave to file a petition in error to reverse tbe judgment of the District Court of Pickaway county. The original action was brought in the Pickaway common pleas by the plaintiff against the defendant, James G. Mundell, to foreclose a mortgage, by him executed and delivered to the plaintiff (his wife not joining), on the 2d ■ day of March, 1875, to secure the payment of a promissory note of five hundred dollars due in twelve months from date, with interest at eight per cent. The description of the land ■mortgaged embraced sixteen acres. The plaintiff alleged by his petition, among…
1Opinion of the CourtBoynton, J.
It appears from.the agreed facts, that at the-time the premises described in the petition were mortgaged, they constituted no part of the family homestead of the defendants. They were not in the actual occupancy of them, and for aught that was shown, had never been. The question therefore arises, “ Has the wife of a mortgagor of premises, not occupied as a homestead until after the mortgage is-executed and delivered, she not-having joined in the same,, a right, upon foreclosure of the mortgage and sale thereunder, to have a homestead set off in the premises mortgaged ? ”
The common pleas…
2Cases cited3 opinions
- Gregg v. BostwickCalifornia Supreme Court · 1867
- Lucas Thompson & Co. v. PickelSupreme Court of Iowa · 1866
- Rix v. McHenryCalifornia Supreme Court · 1857
3Cited by11 opinions
- Mutual Building & Investment Co. v. EfrosOhio Supreme Court · 1949
- Davis v. KellyNebraska Supreme Court · 1901
- Matter of CottingimUnited States Bankruptcy Court, S.D. Ohio · 1980
- Matter of PaganUnited States Bankruptcy Court, N.D. Ohio · 1986
- In Re MillerUnited States Bankruptcy Court, N.D. Ohio · 1993
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