Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 15Robert Clark, 1847 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 84
... mortgage , recovers judgment for the same debt , takes out execution and causes the mortgaged premises to be sold , the pur- chaser takes an indefeasible title , although the money made is not sufficient to satisfy the entire debt . The ...
... mortgage , recovers judgment for the same debt , takes out execution and causes the mortgaged premises to be sold , the pur- chaser takes an indefeasible title , although the money made is not sufficient to satisfy the entire debt . The ...
Page 85
... mortgage note , and the defend- ant essays to protect his possession under the mortgage . Had the sale produced a sum equal to the judgment debt and costs , it would have extinguished the mortgage debt ; and when that was extinguished ...
... mortgage note , and the defend- ant essays to protect his possession under the mortgage . Had the sale produced a sum equal to the judgment debt and costs , it would have extinguished the mortgage debt ; and when that was extinguished ...
Page 86
... mortgage debt , or if it do not produce that sum , does not extinguish the mortgage in toto , nor pro tanto , because nothing is sold but the equity of redemption . If the mortgagee pursue the mortgagor's other property , after a ...
... mortgage debt , or if it do not produce that sum , does not extinguish the mortgage in toto , nor pro tanto , because nothing is sold but the equity of redemption . If the mortgagee pursue the mortgagor's other property , after a ...
Page 87
... mortgage interest , which still remains . But should the mortgagee assign the mortgage debt to the purchaser of the equity of redemption , it operates as an extinguisher , and he cannot pursue the mortgage ; 2 Johns . Chan . Rep . 125 ...
... mortgage interest , which still remains . But should the mortgagee assign the mortgage debt to the purchaser of the equity of redemption , it operates as an extinguisher , and he cannot pursue the mortgage ; 2 Johns . Chan . Rep . 125 ...
Page 88
... mortgage debt had been paid by the proceeds of the sale , the purchaser would have taken the title ; in fact , he would have taken the land , discharged of the mortgage , not only as to the mortgagee , but also as to the mortgagor . And ...
... mortgage debt had been paid by the proceeds of the sale , the purchaser would have taken the title ; in fact , he would have taken the land , discharged of the mortgage , not only as to the mortgagee , but also as to the mortgagor . And ...
Other editions - View all
Common terms and phrases
action Adbeel administrator admitted adverse possession amount assigned Auditor authority BANK bill of exceptions bond chancery charge charter Circleville City of Cincinnati claim Clairsville clerk common law Common Pleas complainant contract convey conveyance counsel Court of Chancery Court of Common court of equity coverture creditors Cresinger debt debtor declaration decree deed defendant in error demurrer discharge dollars equity estoppel evidence execution executor fact filed fraud fraudulent Hamilton county heirs held indorsed interest issued Johns Judge judgment jurisdiction jury justice land legal title levied liable license lien Martha Davis ment mortgage mortgagor notice Ohio Rep ordinance owner paid parties payment person plaintiff in error possession premises principle probate proceedings proof purchaser question recover release scire facias seal sheriff sold statute suit Supreme Court sureties sustained Swan's Stat Swearingen Term tion trial trust void Wend William writ of error
Popular passages
Page 229 - That all men have a natural and indefeasible right to worship Almighty God according to -the dictates of their own consciences ; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience ; and that no preference shall ever be given, by law, to any religious establishments or modes of worship.
Page 232 - Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness to induce a court of justice to suppose a design to effect such objects.
Page 360 - Court, and a Court of Quarter Sessions of the Peace, for each county ; in Justices of the Peace, and in such other courts as the Legislature may, from time to time, establish.
Page 64 - ... application. It must include all debts arising from agencies, and, indeed, all cases where the law implies an obligation from the trust reposed in the debtor. Such a construction would have left but few debts on which the law could operate. In almost all the commercial transactions of the country confidence is reposed in the punctuality and integrity of the debtor, and a violation of these is, in a commercial sense, a disregard of a trust. But this is not the relation spoken of in the first section...
Page 360 - The Court of Common Pleas in each County shall have jurisdiction of all probate and testamentary matters, granting administration, the appointment of guardians, and such other cases as shall be prescribed by law.
Page 596 - That all persons shall be bailable by sufficient sureties unless for capital offences, where the proof is evident, or the presumption great...
Page 228 - ... city, and the inhabitants thereof, against injuries by ' fire, thieves, robbers, burglars, and all other persons violating ' the public peace; for the suppression of riots and gambling, ' and indecent and disorderly conduct; for the punishment of ' all lewd and lascivious behavior in the streets and other pub' lie places of said city, and for the apprehension and punish' ment of all vagrants and idle persons.
Page 457 - ... authority of law, to render a judgment or decree upon the rights of the litigant parties. If the law confers the power to render a judgment or decree, then the court has jurisdiction...
Page 517 - Item, it is accorded and assented that in case where a man dieth intestate, the ordinaries shall depute the next and most lawful friends of the dead person intestate to administer his goods...
Page 43 - that the judgment of a state court should have the same credit, validity, and effect in every other court in the United States, which it had in the State where it was pronounced, and that whatever pleas would be good to a suit thereon in such State, and none others, could be pleaded in any other court of the United States.