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· 1/27/1920

Kuhn v. Southern Ohio Loan & Trust Co.

Citations

  • 101 Ohio St. (N.S.) 34

Syllabus

<p>Liens — Mortgage for future advances — Priority over subsequent mortgage —Record as notice of lien.</p> <p>1. A mortgage duly recorded, given for definite future advances which the mortgagee is obligated to make, is entitled to priority for the full amount of such advances over a subsequent mortgage recorded after the former one though prior t'o the making of such future advances. (Spader et al. v. Lawler, 17 Ohio, 371, distinguished.)</p> <p>2. Where a mortgage for obligatory advances is duly recorded, such record is notice to subsequent encumbrancers of a prior liep for the full amount of such obligatory advances.</p>

Judges: Johnson, Jones, Matthias, Merrell, Nichols, Wanamaker

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