MUTUAL BUILDING & INVESTMENT CO. v. EFROS

No. 31801.

152 Ohio St. 369 (1949)

MUTUAL BUILDING & INVESTMENT CO., APPELLEE, v. EFROS, APPELLANT.

Supreme Court of Ohio.

Decided December 21, 1949.


Attorney(s) appearing for the Case

Messrs. Gardner & Spilka and Mr. Wm. E. Todd, Sr., for appellee.

Mr. Max Efros, for appellant.


MATTHIAS, J.

The only question presented is whether the provisions of Section 11663-1, General Code, are applicable and by virtue thereof the judgment is unenforceable as to the amount unsatisfied from the proceeds of the mortgage foreclosure. Section 11663-1, General Code, reads (in part) as follows:

"Any judgment for money rendered in a court of record in this state upon any indebtedness, which is secured or evidenced by a mortgage, or other instrument in...

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