Home Owners' Loan Corp. v. Roth

OPINION

By WASHBURN, J.

The case is before this court on an appeal on a question of law in reference to a conflict of jurisdiction between courts of concurrent jurisdiction.

The Common Pleas Court, in an action to foreclose a mortgage after the mortgagor had died and an executor of the estate had been appointed, held that it had jurisdiction, no petition to sell the mortgaged premises to pay debts having been filed in Probate Court by the executor at the time the petition to foreclose was filed and summons was issued thereon in „the Common Pleas Court.

Did the court err in so holding?

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