THE QUEEN CITY SAVINGS & L. CO. v. FOLEY

No. 36048.

170 Ohio St. 383 (1960)

THE QUEEN CITY SAVINGS & LOAN CO., APPELLEE, v. FOLEY ET AL.; THE HYDE PARK. LUMBER CO., APPELLANT, ET AL.

Supreme Court of Ohio.

Decided March 16, 1960.


Attorney(s) appearing for the Case

Mr. John D. Erhardt and Mr. Joseph F. Nieman, for appellee.

Messrs. Nichols, Wood, Marx & Ginter, Mr. John J. Luhrman and Messrs. Nichols, Speidel & Nichols, for appellant.


PECK, J.

The February 24, 1958, entry of the Court of Common Pleas, captioned "Judgment and Decree for Sale," did two things of importance in the present consideration. First, it rendered a money judgment in favor of Queen City against the owners for the full balance found to be unpaid on the note secured by mortgage on the subject premises, and, second, it found that at the moment of its recording that mortgage "thereby...

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