Epply v. Von Phul

Citations

• 18 Ohio C.C. Dec. 449
• 7 Ohio C.C. (n.s.) 449

Syllabus

<p>PAYMENTS.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>1. Payments by Debtoe Applied to Debt Shown to Exist.</p> <p>In the absence of equitable considerations, payments made by a debtor to a creditor without designating their application should be applied to the only debt shown to exist.</p> <p>2. Subsequent Payments Peesumed Made in Extinguishment op Same Debt as Eablieb Payments.</p> <p>Where the debt is in the form of a lien reserved in a deed, and specific application was made by the parties of the early payments to the ex-tinguishment of the lien, subsequent payments in the absence of circumstances indicating the contrary will be presumed to have been made for the same purpose.</p> <p>[Syllabus by the court.]</p>