Krause v. Guarantee Title & Trust Co.

Citations

• 22 Ohio C.C. Dec. 231

Syllabus

<p>MORTGAGES — COUNTERCLAIM AND SETOFFPLEADING.</p> <p>Money Judgment Cannot be Asked in Cross Petition in Foreclosure Proceeding.</p> <p>Personal judgment can not be recovered by a cross petitioner in a foreclosure suit, under Gen. Code 11306 or 11317, notwithstanding the cross petitioner holds an express lien on the same land upon which the plaintiff is seeking to foreclose.</p> <p>[Proof of this decision and syllabus has been submitted to Judge Henry and corrected.]</p>