HYDE PARK SAVINGS & LOAN CO. v. COWLES

No. 8703.

111 Ohio App. 343 (1960)

THE HYDE PARK SAVINGS & LOAN CO., APPELLANT, v. COWLES ET AL., APPELLEES.

Court of Appeals of Ohio, Hamilton County.

Decided May 2, 1960.


Attorney(s) appearing for the Case

Messrs. Nichols, Wood, Marx & Ginter, for appellant.

Mr. Franklin G. Krehbiel, Mr. Edward P. Reeder, Mr. Hugh K. Martin, United States Attorney, Mr. James E. Applegate, Messrs. Graydon, Head & Ritchey and Mr. Bruce I. Petrie, for appellees.


MATTHEWS, P. J.

This is an appeal on questions of law and fact, and the issues were presented at the trial de novo on a stipulation of facts.

The only parties affected by our decision are the plaintiff, the owner of the mortgage sought to be foreclosed in this action, and Louis Oskamp, a judgment creditor.

Harold A. Cowles and his wife borrowed $9,000 from the plaintiff on September 2, 1955, and gave their note therefor, secured by the mortgage...

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