Rider v. Crobaugh
Ohio Supreme Court
Certified by the Court of Appeals of Cuyahoga county. Crobaugh, the owner of a second mortgage, filed his action in the Cuyahoga county common pleas court to foreclose the same and marshal liens on the premises. The case was appealed to the court of appeals, where it was tried upon an agreed statement of facts. One Silas W. Conley was ' .the owner of the premises covered by the lieps.
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Certified by the Court of Appeals of Cuyahoga county. Crobaugh, the owner of a second mortgage, filed his action in the Cuyahoga county common pleas court to foreclose the same and marshal liens on the premises. The case was appealed to the court of appeals, where it was tried upon an agreed statement of facts. One Silas W. Conley was ' .the owner of the premises covered by the lieps. On January 4, 1917, Conley and his wife executed a mortgage to The Cuyahoga Savings & Loan "Company, which was placed upon record on the same day. This mortgage contained no covenant empowering the mortgagee to…
1Opinion of the CourtJones, J.
This cause was certified to this court by the court of appeals of Cuyahoga county because its decision was in conflict with the judgment pronounced upon the same question by the court of appeals of Fairfield county in the case of The West Side Lumber & Mfg. Co. v. The Lancaster Paper Mill Co. et al., reported in 5 Ohio App., 253.
The Crobaugh Mortgage.
The Crobaugh mortgage was filed for record on the 8th day of March, 1917. It is not claimed that this was a construction mortgage. Smith, one of the leading claimants, began work on the building on January 8, 1917. The- Cuyahoga Builders’ Supply…
2Cases cited6 opinions
- Davis v. BilslandSupreme Court of the United States · 1874
- Kay v. TowsleyMichigan Supreme Court · 1897
- Kerr-Murray Manufacturing Co. v. Kalamazoo Heat, Light & Power Co.Michigan Supreme Court · 1900
- Dubois' Administrator v. Wilson's TrusteeSupreme Court of Missouri · 1855
- J. Thomas & Co. v. MowersSupreme Court of Kansas · 1882
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