Swing v. Swing
Cases that cite this one
5 later published cases cite this decision.
- In re Bristol (United States Bankruptcy Court, S.D. Ohio 1988)
- In re Schwartz (District Court, S.D. Ohio 1988)
- Matter of Schwartz (United States Bankruptcy Court, S.D. Ohio 1987)
- In re Bertsch (United States Bankruptcy Court, N.D. Ohio 1982)
- Longwell v. Banco Mortgage Co. (District Court, N.D. Ohio 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The action in the court of common pleas was for partition. All necessary parties were brought in by the attorneys for the plaintiff.
The Miami Savings & Loan Company, a corporation, filed an answer and cross-petition, praying for judgment, and joining in the prayer of the petition.
*465 On December 1, 1924, the court of common pleas rendered a decree foreclosing the equity of redemption in the mortgage against Frederick C. Swing and Nellie 0. Swing, and directing that:
“They shall within 5 days from the entering of this decree, pay or cause to be paid to the clerk of this court costs, * * * and to the Miami Savings & Loan Company the sum of $4,021.23, and that an order issue to the sheriff of Hamilton county, directing him to appraise, advertise, and sell the premises, as upon execution.”
The property was sold under this order of court. No order of partition was ever issued, and, in fact, the partition of the property was abandoned.
A court is not authorized to allow fees to counsel of a mortgagee, when the property is sold in foreclosure.
The same decree will be entered here as in the court below.
Decree of foreclosure.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.