Bell v. Tenny
Ohio Supreme Court
Motion for leave to file a petition in error to the District-Court of Brown county. In April, 1873, the defendant, Tenny, commenced an action in the Common Pleas of Brown county against Jesse Gates and wife, mortgagors, to foreclose a mortgage. John Bell and A. N. Hirons were, on motion, let in to defend.
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Motion for leave to file a petition in error to the District-Court of Brown county. In April, 1873, the defendant, Tenny, commenced an action in the Common Pleas of Brown county against Jesse Gates and wife, mortgagors, to foreclose a mortgage. John Bell and A. N. Hirons were, on motion, let in to defend. Bell set up a mortgage on the premises and claimed priority, and from a decree against him, appealed to the district court,, where the cause was tried on an agreed statement of facts, which, so far as it is necessary to recite them, are as follows On the 9th day of September, 1869, the…
1Opinion of the CourtBoynton, J.
It is very apparent, from the conclusion reached in the district court, that its judgment was based upon the assumption that the conveyance by Gates and wife, the mortgagors, of their equity of redemption, to Bell, the assignee of the first mortgage, operated, ipso facto, to merge the mortgage, and extinguish the mortgage debt. The case, therefore, involves the question, whether a conveyance by the mortgagor of the mortgaged premises to the assignee of a senior mortgage, in consideration of the sum due on the mortgage, and a further sum paid, has the effect to extinguish the mortgage debt and…
2Cases cited6 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Overholser v. ClarkTennessee Supreme Court · 1850
- Vannice v. BergenSupreme Court of Iowa · 1864
- Edgerton v. YoungIllinois Supreme Court · 1867
- Barker v. FloodMassachusetts Supreme Judicial Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McClaskey v. O'BrienWest Virginia Supreme Court · 1879
- Bailey v. RichardsonCalifornia Supreme Court · 1885
- Barnes v. CadyCourt of Appeals for the Sixth Circuit · 1916
- In Re FluhartyUnited States Bankruptcy Court, N.D. Ohio · 1982
- Marshall v. EblingOhio Court of Appeals · 1942
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