Upjohn v. Ewing
Ohio Supreme Court
The cause first named is a proceeding in chancery, reserved from the first district, Hamilton county. The facts of the case (and-so far as necessary to be stated of the cause heard with it) are as follows : On the 8th day of October, 1836, Joseph Bonsall, to secure his-note for §6,000 given to Sarah Borden, Mary Ann West, Clarissa Upjohn, Eliza Upjohn, Leonora Upjohn, and Charlotte Upjohn jointly, conveyed to them, by way of mortgage, a lot of land on Fourth street, in the…
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The cause first named is a proceeding in chancery, reserved from the first district, Hamilton county. The facts of the case (and-so far as necessary to be stated of the cause heard with it) are as follows : On the 8th day of October, 1836, Joseph Bonsall, to secure his-note for §6,000 given to Sarah Borden, Mary Ann West, Clarissa Upjohn, Eliza Upjohn, Leonora Upjohn, and Charlotte Upjohn jointly, conveyed to them, by way of mortgage, a lot of land on Fourth street, in the city of Cincinnati. On the 24th day of July, 1838, Bonsall, to secure another note-for §3,750, given by him to the same…
1Opinion of the Court
The opinion of the court was delivered by
Thurman, J.
The first point made by the defendants, is as follows :
“ The decree of the Supreme Court, being between the same parties, and in relation to the same subject-matter, is a complete bar to this suit.”
But the decree contains a saving in these words :
“ Saving, however, whatever right the said Charlotte Upjohn may have in equity, to subject said premises to the satisfaction of one-sixth of the balance due on said mortgage debt, or to recover the same against her co-defendants.”
It is argued, however, that this amounts to nothing, so far as a right…
2Cases cited2 opinions
- Hosack v. RogersNew York Court of Chancery · 1840
- Joy v. WurtzU.S. Circuit Court for the District of Pennsylvania · 1808