Dieboldt Brewing Co. v. Grabski

Citations

• 18 Ohio C.C. Dec. 91
• 7 Ohio C.C. (n.s.) 221
• 1905 Ohio Misc. LEXIS 455

Syllabus

<p>EXECUTIONS — SUBROGATION.</p> <p>Marvin, Winch and Henry, JJ.</p> <p>1. Execution will Issue against 'Deceased and Surviving Judgment Debtors fob the Sake of Conformity.</p> <p>If one of two judgment-debtors dies before the issuance of the execution, the writ will be issued, for the sake of conformity, against both the survivor and the deceased defendant, although as a matter of law it is an execution against the survivor alone.</p> <p>2. Purchaser Agreeing to Pay Mortgage as Part of Consideration, not Sub-rogated to Mortgagee’s Rights.</p> <p>A purchaser who agrees to pay a mortgage on property as a part of the purchase price will be personally liable to the mortgage holder as the transaction is not a purchase of the equity of redemption subject to the mortgage, but of the land in fee; he is not, therefore, subrogated to the rights of the mortgagee so as to have a lien on the premises superior to that of a judgment accruing subsequent to the execution of such mortgage, but prior to his purchase.</p> <p>[Syllabus approved by the court.]</p>