The Digest of the Decisions of the Courts of Ohio from the Earliest Period to September 1st, 1913 Volume 1

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General Books, Mar 6, 2012 - 904 pages
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 Excerpt: ...valid, if filed first: Bank v. Supply Co., 9 Dec. Rep. 550, 15 Bull. 8. (b) Unrecorded Mortgage. A real estate mortgage not recorded until after the mortgagee had duly assigned all his property for benefit of creditors does not take effect as a lien as against the assignment: Betz v. Snyder, 48 O. S. 492, IV Longsdorf's Notes, 426 affirming Snyder v. Betz, 2 O. C. C. 485. A mortgage delivered to the recorder at a place other than his office is not a lien until placed on file in the office. An assignment before that time prevails: Kalb v. Wise, 5 0. N. P. 5, 5 0. D. (N.P.) 533. A deed intended as a mortgage, though not a legal one, and though filed after making the assignment is prior to the rights of an assignee: Kemper v. Campbell, 44 0. S. 210, IV Longsdorf's Notes, 204. (c) Defective Mortgage. A mortgage defective in not having a seal, though duly recorded, creates no lien even against an assignee for benefit of creditors who had full notice of the mortgage: Erwin v. Shuey, 8 O. S. 509, II Longsdorf's Notes, 360. The rights of an assignee are superior to an invalid mortgage: Grant v. Ludlow, 8 O. S. 1, II Longsdorf's Notes, 325. A mortgage, void as to creditors, is void as against an assignee for the benefit of creditors. And a deed of assignment which excepts "all existing liens" does not give priority to a mortgage lien which is void as against creditors although valid as against the assignor: Blandy v. Benedict, 42 0. S. 295, IV Longsdorf's Notes, 111. (d) Contract to Oive Mortgage. When a debtor, who was insolvent, entered into an agreement to execute a mortgage to secure the claim of one creditor, who agreed to sign notes securing three others, and the debtor afterwards refused to execute the mortgage, but made a general assignment, the ag...

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