Legal Opinion
Equity Savings & Loan Co. v. Mercurio
City of Cleveland Municipal Court
Decided February 5, 1937PublishedCited by 3 opinions
1Opinion of the Court
OPINION
By DRUCKER, J.
The plaintiff brought an action for the recovery of real property for premises which were sold on September 24, 1926, to the defendant Josephine Mercurio and her husband Tony Mercurio, who died on July 5, 1931. At the time of the death of Tony Mercurio the note and mortgage were in default and have been in default ever since.
The plaintiff is the bona fide holder for value of both note and mortgage. The plaintiff alleged that the conditions of the mortgage were broken and by virtue of the default in payments asserts his right of possession as owner of the premises.
On…
2Cases cited3 opinions
- Vandolf v. OtisOregon Supreme Court · 1854
- Dustin v. NewcomerOhio Supreme Court · 1837
- Reedy v. BurgertOhio Supreme Court · 1823
3Cited by3 opinions
- Fifth Third Bank v. HopkinsOhio Court of Appeals · 2008
- Union Bank Co. v. North Carolina Furniture Express, L.L.C.Ohio Court of Appeals · 2010
- Union Bank Co. v. North Carolina Furniture Express, L.L.C.Ohio Court of Appeals · 2010