Schurtz v. Colvin
Ohio Supreme Court
Error to the Circuit Court of Muskingum county. The original suit was commenced by Oliver. C. Schurtz as administrator of Lewis Schurtz, deceased, against James Colvin, for the foreclosure of a mortgage given by the latter to the decedent to secure a loan of $6,500.00. James E. Colvin, who had a subsequent mortgage on the same land, was made a party. James Colvin made no defense. James E.. Colvin filed an answer and cross petition.
Read the full summary
Error to the Circuit Court of Muskingum county. The original suit was commenced by Oliver. C. Schurtz as administrator of Lewis Schurtz, deceased, against James Colvin, for the foreclosure of a mortgage given by the latter to the decedent to secure a loan of $6,500.00. James E. Colvin, who had a subsequent mortgage on the same land, was made a party. James Colvin made no defense. James E.. Colvin filed an answer and cross petition. He claimed priority over the mortgage of the plaintiff on two grounds. (1.) That at the time the Schurtz mortgage was made he was the legal owner of an undivided…
1Opinion of the CourtMinshall, J.
There can be no question but that James E. Colvin waived his lien as a vendor by taking a mortgage on the granted premises and other lands of the grantee, to secure the purchase money. Such is the settled law of this state. The court’s conclusion of law as to this is correct, and not now questioned by the defendant in error. So that the only question here presented, is as to whether it erred in its second conclusion, that, upon the facts found, the mortgage of James E. Colvin, being subsequent in point of time, is superior m equity to the Schurtz mortgage. 'Priority is claimed on the ground…
2Cases cited6 opinions
- Southern Life Insurance & Trust Co. v. ColeSupreme Court of Florida · 1852
- Quick v. MilliganIndiana Supreme Court · 1886
- Cincinnati, Wilmington and Zanesville Railroad v. IliffOhio Supreme Court · 1862
- Haven v. KramerSupreme Court of Iowa · 1875
- Everts v. AgnesWisconsin Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.