Colonial National Bank v. Johnson
Citations
- 33 Ohio C.C. Dec. 385
- 21 Ohio C.C. (n.s.) 456
- 1907 Ohio Misc. LEXIS 495
Syllabus
<p>EQUITY</p> <p>Prior Assignment of Security Prevails Over Later Assignment of Same Security.</p> <p>When two equities are equally strong that which is prior, in part of time will prevail. Hence, when a pledge to one has been made of a note and mortgage securing it, and subsequently another purchases a note, executed. by the same maker, to which the former note and mortgage were intended as collateral security, the former pledge will be given priority in the proceeds of the mortgage.</p>
Judges: Henry, Marvin, Winch
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