In re Hays
Court of Appeals for the Sixth Circuit
In the matter of bankruptcy proceedings against Otho L,. Hays. On petition of Carrie E. Hays to review an order awarding her dower in the surplus of the proceeds of mortgaged premises.
1Opinion of the Court
WARRINGTON, Circuit Judge.
The single question in this case is whether, as respects proceeds of sale derived from real property located in Ohio and sold to pay a purchase-money mortgage of a husband, and as against the husband’s creditors except such mortgagee and his privies, the wife’s contingent right of dower extends merely to the surplus remaining after payment of such mortgage indebtedness or to the whole proceeds and payable only out of the surplus.
On April 29, 1904, Otho E. Hays made a general assignment for the benefit of his creditors under the laws of Ohio. His assignment was…
2Cases cited5 opinions
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- Thomas v. WoodsCourt of Appeals for the Eighth Circuit · 1909
- Porter v. LazearSupreme Court of the United States · 1883
- Jewett v. FeldheiserOhio Supreme Court · 1903
- In re McKenzieCourt of Appeals for the Eighth Circuit · 1905
3Cited by18 opinions
- In Re MillerUnited States Bankruptcy Court, N.D. Ohio · 1992
- Stand Energy Corp. v. EplerOhio Court of Appeals · 2005
- In re BakerCourt of Appeals for the Sixth Circuit · 1910
- Farmers' & Merchants' Bank of Vandalia v. MainesCourt of Appeals for the Sixth Circuit · 1910
- Marine Nat. Bank v. SwigartCourt of Appeals for the Sixth Circuit · 1920
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