Kernohan v. Durham
Ohio Supreme Court
Error to the Circuit Court of Hamilton county. The original action was brought in the Court of Common Pleas of Hamilton county, by Joseph N. Kinney against Warren Durham, defendant in error, and his wife, and Robert Kernohan, the plaintiff in error, to foreclose a mortgage on 27f acres of land in Anderson township, Hamilton county, executed November 9, 1868, by Durham and his wife to William R. McGill, to secure the payment of two certain promissory notes of that date, for…
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Error to the Circuit Court of Hamilton county. The original action was brought in the Court of Common Pleas of Hamilton county, by Joseph N. Kinney against Warren Durham, defendant in error, and his wife, and Robert Kernohan, the plaintiff in error, to foreclose a mortgage on 27f acres of land in Anderson township, Hamilton county, executed November 9, 1868, by Durham and his wife to William R. McGill, to secure the payment of two certain promissory notes of that date, for $1,000 each, signed by Durham, and made payable respectively to McGill or order, in one and two years after date, Kinney…
1Opinion of the CourtDickman, J.
The petition of Kinney, the plaintiff in the original action, having been dismissed and judgment rendered against him, to which he took no exception, and instituted. no proceeding in error, the only questions which we need consider are, (1.) Whether Kernohan, as against Coddington, is entitled to be first paid his lien out of the proceeds of the sale of the mortgaged premises; and, (2.) Whether Durham is entitled to credit for his payments, or any portion thereof, upon the note of $3,250, executed by him to McGill or order, on November 26, 1879, made payable one year after date, and secured…
2Cases cited6 opinions
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Brown v. . BlydenburghNew York Court of Appeals · 1852
- Greenwell v. HaydonCourt of Appeals of Kentucky · 1880
- Brayley v. EllisSupreme Court of Iowa · 1887
- Roland v. GundyOhio Supreme Court · 1831
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