Ohio Court of Appeals, 1938

Elyria Sav. & Trust Co. v. Gibson

Ohio Court of Appeals · Decided February 24, 1938 · Doyle, Stevens, Washburn

29 Ohio Law. Abs. 256; 1938 Ohio Misc. LEXIS 1214

Opinion of the Court

OPINION

PER CURIAM:

Among other reasons for reaching the same conclusion as was reached by the trial court in this case, is the fact that we are of the' opinion that one who takes a second mortgage upon real estate with actual knowledge of a first mortgage thereon, duly recorded, is not a subsequent bona fide mortgagee within the terms of §8546-2, GC;

A decree may be drawn as in the Common Pleas Court.

STEVENS, PJ, WASHBURN, . J, and and DOYLE, J, concur.

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