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AMERITRUST CO. NATL. ASSN. v. HICKS DEV. CORP.

No. 93AP-631.

91 Ohio App.3d 377 (1993)

AMERITRUST COMPANY NATIONAL ASSOCIATION, Appellee, v. HICKS DEVELOPMENT CORPORATION, Appellant; Treasurer of Licking County et al., Appellees.

Court of Appeals of Ohio, Franklin County.

Decided November 2, 1993.

Attorney(s) appearing for the Case

Emens, Kegler, Brown, Hill & Ritter and Larry J. McClatchey, for appellee Ameritrust Company National Association.

Gina M. Dougherty, for appellant.

Robert L. Becker, Licking County Prosecuting Attorney, and Pauline E. O'Neill, Assistant Prosecuting Attorney, for appellee Treasurer of Licking County.

Lee Fisher, Attorney General, and Gregory S. Severance, Assistant Attorney General, for appellee Ohio Department of Taxation.

TYACK, Judge.

On May 21, 1991, Ameritrust Company National Association ("Ameritrust") filed a lawsuit on a cognovit note against Hicks Development Corporation ("Hicks"). The lawsuit also sought foreclosure on a related mortgage.

Attached to the complaint was a copy of the cognovit note, which was executed by C.W. O'Brien as president of Hicks and Kelly P. O'Brien as secretary of Hicks. The mortgage was also...

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