Benedict v. Peters
Ohio Supreme Court
Error to the Circuit Court of Franklin county. Section 4154, Revised Statutes, provides that the mortgagee, his agent or attorney, shall, before the instrument is filed, state thereon, under oath, the amount of the claim, etc.; and if given to indemnify the mortgagee against a liability as surety for the mortgager, such sworn statement shall set forth such liability and that the instrument was taken in good faith to indemnify against loss that may result therefrom.
Read the full summary
Error to the Circuit Court of Franklin county. Section 4154, Revised Statutes, provides that the mortgagee, his agent or attorney, shall, before the instrument is filed, state thereon, under oath, the amount of the claim, etc.; and if given to indemnify the mortgagee against a liability as surety for the mortgager, such sworn statement shall set forth such liability and that the instrument was taken in good faith to indemnify against loss that may result therefrom. The affidavit seems to be properly filled out and is signed by one of the mortgagees. But it does not show on its face that the…
1Opinion of the CourtMinshall, J.
Levi Benedict having obtained a judgment against Malón A. Peters before a justice of the peace, caused an execution to issue and be levied upon certain personal pi’operty of the debtor. Shortly afterwards David and Wilson Peters replevined the property from the constable, claiming it under a certain chattel mortgage that had been made to them by the debtor to secure an indebtedness to themselves. Benedict was duty substituted for the constable, and the case was tried on an answer denying the averments of the petition. The finding was for the plaintiff and damages one cent, and judgment…
2Cases cited1 opinion
- Cantwell v. StateIndiana Supreme Court · 1867