Ohio Savings Assn. v. Bell

George Pomeroy and P. M. Fuller executed a deed for a certain lot in the city of Toledo to Robert and Elizabeth Bell. Subsequently the Bells executed to the Ohio Savings Association a mortgage for $3200 to secure a loan on the property and also to Pomeroy and Fuller for $900 to secure the balance of the unpaid purchase price, which later mortgage provided that it was “subject to a first mortgage with the Ohio Savings Association.”

Certain mechanics liens were filed against the property and the proceeds arising from the sale thereof were insufficient to pay both mortgages and mechanics’ liens.…