Harter Bank v. Cooper

The cause is in this court upon the same agreed statement of facts as was submitted in the court below. The question for determination here is one of law, as to the right of subrogation on the part of the First Savings & Loan Company of Massillon, Ohio, it having had a mortgage on record prior to the mortgage of the Geo. D. Harter Bank, this prior mortgage having been paid off by taking a new mortgage, which -was recorded subsequent to the Bank’s mortgage, and by paying this prior mortgage the First Savings & Loan Company claims now to be subrogated and entitled to the extent that the…