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JONES v. JONES

No. 87AP-01.

39 Ohio App. 3d 73 (1987)

JONES, EXR., ET AL., APPELLEES, v. JONES ET AL., APPELLEES; DOLLAR SAVINGS BANK OF COLUMBUS, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided May 7, 1987.

Attorney(s) appearing for the Case

Mann & Gibbs and Daniel Mann, for plaintiff-appellee Steven Jones, Executor of the Estate of Nell Dickerson.

David L. Duren, for plaintiff-appellee Administrator of the Estate of Nell Dickerson.

Chorpenning, Good & Mancuso Co., L.P.A., and Gary J. Pandora, for defendant-appellee James Dickerson.

Roy F. Boyd, for defendant-appellee Arliss Mortgage Co.

Teaford, Rich, Belskis, Coffman & Wheeler and James W. Wheeler, for defendant-appellant Dollar Savings Bank of Columbus.

BOWMAN, J.

On November 15, 1973, Nell Dickerson, the deceased, and her husband, James Dickerson, executed a mortgage note to Dollar Savings Bank of Columbus ("Dollar") in the amount of $27,000. The note had an interest rate of nine percent. The Dickersons made monthly payments from January 1974 until November 1984 when they defaulted. In February 1986, Dollar began a foreclosure action on the property. At that time, the unpaid principal balance of the note was $24...

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