Legal Opinion

Snyder v. Betz

Columbiana Circuit Court

Decided September 15, 1887PublishedCited by 1 opinion

Error to reverse judgments of Common Pleas and Probate Courts of Columbiana county. The original proceeding was a petition filed in the probate court by the assignee, to sel the real estate of the assignor, and to adjust the liens thereon. No question was made upon any liens, except that of the defendant, Salathiel Betz, and which arose upon the following statement of facts : On December 1, 1885, the assignor, Jas.

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Error to reverse judgments of Common Pleas and Probate Courts of Columbiana county. The original proceeding was a petition filed in the probate court by the assignee, to sel the real estate of the assignor, and to adjust the liens thereon. No question was made upon any liens, except that of the defendant, Salathiel Betz, and which arose upon the following statement of facts : On December 1, 1885, the assignor, Jas. M. Hape, executed and delivered a mortgage deed of all his real estate to Salathiel Betz, to secure the payment of $3,000, and on the 21st day of December , 1885, the same was…

1Opinion of the CourtEaubie, J.

The question in this case is to be determined by the construction of secs. 4133 and 6335, Rev. Stat. Sec. 4133,, relates to the registration of mortgages of lands, and it provides that mortgage deeds executed agreeably to the provisions of that chapter, “shall take effect from the time the same are delivered to the recorder of the proper county for record.” No claim *603is made that the section differs in effect, or that it should be consttued differently than section seven of the act of Feb.uary 22. 1831, as defined by the declaratory act of March 16, 1838, of which it is a revision. Indeed, ihe…

2Cases cited2 opinions

  1. State v. BaconOregon Supreme Court · 1886
  2. Clifford v. MarstonOregon Supreme Court · 1887

3Cited by1 opinion

  1. Hunter v. Bank of New York (In Re Anderson)United States Bankruptcy Court, N.D. Ohio · 2001

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