Kaufman v. Heckman

Citations

• 22 Ohio C.C. Dec. 277

Syllabus

<p>DOWER — MORTGAGES—PROCESS.</p> <p>1. Wife of Mortgagor not Bound to Redeem on Foreclosure, whei® Dower Interest not Necessary to Satisfy Mortgage.</p> <p>The inchoate dower of a wife is not a lien upon the land of her-husband, but an interest in it, and when not necessary to satisfy a mortgage in which the wife joins to release such dower,, she is not hound to redeem the mortgage on foreclosure top. preserve her dower.</p> <p>2; On Foreclosure on Cross Petition in Suit to Marshal Liens,, Dower of Wife of Mortgagor not Barred unless Summons Issue® on Cross Petition.</p> <p>When in a suit by a judgment creditor to marshal liens a summons is issued and served on the wife of the judgment debtor who had joined with her husband in the execution of a mortgage, and the mortgagee who was made a party, by cross petition filed after his rule day for answer, asks foreclosure of his; mortgage and sale of mortgaged premises but no summons was. issued on the cross petition and served on such wife, the sale-of such premises under the cross petition does not bar thfe inchoate dower of the wife in the premises.</p> <p>[Syllabus approved by the court.]</p>