Hopkins v. Clyde
Ohio Supreme Court
Error to the Circuit Court of Miami county. The action in the court of common pleas was brought by George M. Clyde, as administrator of the estate of W. J. Clyde, deceased, to foreclose a mortgage on certain real estate in the city of Troy, Miami county, Ohio, executed on the twenty-second day of June, 1885, by George C. Clyde and his wife, to secure the payment to said W. J. Clyde of a promissory note of even date with the mortgage, for the sum of $2,530, due one year from…
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Error to the Circuit Court of Miami county. The action in the court of common pleas was brought by George M. Clyde, as administrator of the estate of W. J. Clyde, deceased, to foreclose a mortgage on certain real estate in the city of Troy, Miami county, Ohio, executed on the twenty-second day of June, 1885, by George C. Clyde and his wife, to secure the payment to said W. J. Clyde of a promissory note of even date with the mortgage, for the sum of $2,530, due one year from date with eight per cent, interest. This mortgage was left for record and was duly recorded in the records of mortgages…
1Opinion of the Court
Price, J..It is not seriously questioned that the mortgagor, George C. Clyde, if living, could make the plea of the statutory bar, against both the note and the mortgage securing the same, if more than fifteen y,ears had elapsed between the maturity of the debt and the commencing of the action to foreclose the mortgage.
Nor can it be seriously argued, that the widow and heirs at law of the mortgagor, could not successfully interpose the plea in their behalf against the mortgage, because they are in undoubted privity of estate with the mortgagor, which estate vested in them at his decease. The…
2Cases cited11 opinions
- Ewell v. DaggsSupreme Court of the United States · 1883
- Schmucker v. SibertSupreme Court of Kansas · 1877
- McCarthy v. WhiteCalifornia Supreme Court · 1863
- Hill v. Hilliard & Co.Supreme Court of North Carolina · 1889
- Medley v. ElliottIllinois Supreme Court · 1872
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