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BANK v. DENISON

No. 34401.

165 Ohio St. 89 (1956)

THE CITIZENS NATIONAL BANK IN ZANESVILLE, APPELLANT, v. DENISON ET AL., APPELLEES; GRAHAM, APPELLANT.

Supreme Court of Ohio.

Decided March 21, 1956.

Attorney(s) appearing for the Case

Messrs. Graham, Graham, Gottlieb & Johnston, for appellants.

Mr. D. H. Crossland, for appellee Citizens Budget Company of Zanesville, Ohio, Inc.

MATTHIAS, J.

The bank and Graham assign as error the judgment of the Court of Appeals affirming the judgment of the Court of Common Pleas which decided that the improperly executed mortgage of the budget company is a valid lien on the real estate of Mrs. Denison as against the mortgage held by Graham and as against that portion of the bank's subsequent mortgage which exceeds the unpaid balance on its original mortgage. The evidence as stipulated by the parties and...

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