Date v. Imhof

Citations

• 33 Ohio C.C. Dec. 681
• 22 Ohio C.C. (n.s.) 475
• 1907 Ohio Misc. LEXIS 457

Syllabus

<p>HUSBAND AND WIFE — MORTGAGES</p> <p>1. Doctrine of Subrogation Applies when Wife Pays Debts of Husband to Protect Her Own Rights.</p> <p>When a wife who is a joint owner with her husband of property and has with him executed a joint note and mortgage upon the property, pays the note and mortgage to protect her interest in the property, she is thereby subrogated to the rights of the mortgagee.</p> <p>2. How Homestead Rights in Property Owned Jointly by Husband and Wife Determined.</p> <p>When a husband is the owner of a three-eighths interest and his wife the owner of a five-eighths interest in property from which it is impossible to set off a homestead by metes and bounds, the rights of the parties must be worked out under Sec. 5439 R. S. (Sec. 11735 G. C. et seq.), the rental value of the property appraised, and if it exceeds $100 per annum, then three-eighths of the excess above that sum will be subject to the demands of the husband’s creditors.</p>