Waitman, Exr. v. Emmons

OPINION

By NICHOLS, J.

This cause is in this court on appeal upon questions of law and fact from the decree of .the Common Pleas Court of Montgomery County and by agreement of counsel was submitted de novo upon the pleadings and agreed statement of facts, the action being one in chancery for a determination of priority of mortgage liens set up in the petition of plaintiff and the answer and cross-petition of Stockholders Realization Corporation, now known as Dayton Purchasing Company. No other defendant seeks relief in this court.

From the pleadings and agreed statement of facts, it appears that…