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CENTRAL TRUST CO., N.A. v. SPENCER

No. C-860729.

41 Ohio App. 3d 237 (1987)

CENTRAL TRUST COMPANY, N.A., APPELLEE; SAWYER, APPELLANT, v. SPENCER ET AL., APPELLEES.

Court of Appeals of Ohio, Hamilton County.

Decided September 9, 1987.

Attorney(s) appearing for the Case

Clark & Eyrich and Robert E. Sunderman, for appellee Central Trust Co., N.A.

Graydon, Head & Ritchey and Stephen L. Black, for appellant Edward Sawyer, Jr.

Cohen, Todd, Kite & Stanford and Jack G. Cobey, for appellees John E. Spencer and Elizabeth Spencer.

Lawrence C. Baron, for appellees Joseph L. DeCourcy and Wayne F. Wilke.

DOAN, J.

Madison Savings Bank, the predecessor in interest to the Central Trust Company, N.A. ("Central Trust"), filed the instant action in the trial court to recover the indebtedness of John E. Spencer, defendant-appellee ("Spencer"). Spencer's debts were secured by mortgages on two pieces of property and Central Trust initiated foreclosure proceedings.

Edward Sawyer, Jr., plaintiff-appellant ("Sawyer"), held a note from Spencer in the principal amount of...

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