Whalen v. Citizens Bldg. & Loan Co.

This is an action for a declaratory judgment instituted by a mortgagor, as judgment debtor, against her mortgagee, as judgment creditor, seeking to have a deficiency judgment, theretofore entered against her in an action in foreclosure, declared barred by Section 11663-1, General Code, and the defendant enjoined from hereafter attempting to exercise its claimed lien against a certain parcel of real estate belonging to the mortgagor.

The defendant, as judgment creditor, demurred generally to plaintiff’s petition. The demurrer was overruled and final judgment was entered in plaintiff’s favor.…