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BLDG. & L. CO. v. HOOVER

No. 40654.

12 Ohio St. 2d 62 (1967)

THE WAYNE BUILDING & LOAN CO., APPELLEE, v. HOOVER ET AL.; SANDO ET AL., EXRS., APPELLANTS, ET AL.

Supreme Court of Ohio.

Decided December 6, 1967.

Attorney(s) appearing for the Case

Messrs. Funk, Funk & Eberhart and Mr. Edward K. Eberhart, for appellee.

Messrs. Amer, Cunningham, Cunningham, Brennen & Miller and Mr. Richard T. Cunningham, for appellants.

TAFT, C. J.

Probably because of Read v. Toledo Loan Co. (1903), 68 Ohio St. 280, 67 N. E. 729, it is not contended that Section 5301.01, Revised Code, has not been complied with merely because the notary public who certified the acknowledgment and subscribed his name to the certificate of the acknowledgment was also one of two witnesses who attested the signing of the mortgagor and subscribed his name to the attestation. Admittedly, the mortgage involved...

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