Gates v. Stebbins

Citations

• 33 Ohio C.C. Dec. 334
• 21 Ohio C.C. (n.s.) 236
• 1905 Ohio Misc. LEXIS 410

Syllabus

<p>MORTGAGES</p> <p>1. Doctrine of Inverse Order of Alienation Purely Equitable.</p> <p>The doctrine of ‘‘inverse order of alienation” as applied to the subjection of mortgaged property to the payment of a mortgage, is purely equitable and not applicable to a case when equity and natural justice would be defeated by so doing.</p> <p>2. Mortgagee May Enforce Mortgage on Two Lots One-Half against Each Property Regardless of Order of Alienation.</p> <p>When a father had devised houses of equal value to each of his two daughters and later executed deeds of the properties to the daughters; Reid: That the husband of one daughter, to whom the father had given a mortgage prior to the execution of the deeds, might enforce the mortgage, one-half as against each property, and the fact that the deed to his wife had been delivered subsequent to that to the sister did not compel him to subject the properties in the inverse order of their alienation.</p>