Wenneman v. Daniels

LEMERT, PJ.

Plaintiff ip. error in this case lays great stress upon the holding of the Cuyahoga County Court of Appeals in the case of Alflen vs. McClenaghan to be found in O. L. R. May 6, 1929, 153, decided January 28, 1924 and the decisions cited thereunder.

A careful examination of the case just referred to will reveal the fact that the question considered in that case is not the same question involved in this case. In the case just referred to it was held that the holder of a second mortgage could obtain a personal judgment in the foreclosure action started by the holder of the first…