Dennis v. Rotter

ROSS, PJ.

There was no fraud upon the mortgagors in taking the mortgage. The facts are conclusive in showing that the mortgage was given to protect the mortgagors or at least Dennis, the husband, from the just claims and acts of his creditors.

The plaintiffs in error rely upon Baiiy v Smith, 14 Oh St, 396, as authority for the right of a mortgagor to set up equities he may have against the mortgagee in opposition to the suit in foreclosure of an assignee for value, before maturity and without notice of any defect in the instrument.

While the note in the instant case provided for acceleration, it…