Ohio Savings Bank & Trust Co. v. Strausz

Citations

• 22 Ohio C.C. Dec. 268

Syllabus

<p>MORTGAGES.</p> <p>1. Voluntary Dismissal of Foreclosure Proceedings by First Mortgagee does not Oust Jurisdiction to Grant Relief to Subsequent Mortgagee.</p> <p>The voluntary dismissal of a cause of action by a plaintiff mortgagee asking to have 'its mortgage foreclosed will not oust the jurisdiction of án equity court to grant relief to a second mortgagee of part of the land, asking to have the cloud of the first mortgage removed by a sale in parcels.</p> <p>2. Second Mortgagee may Maintain Action to Foreclose Mortgage without Paying Claim of Prior Mortgagee.</p> <p>A second or junior mortgagee may maintain an action to foreclose his mortgage, without first paying off the .debt of the first mortgage.</p> <p>3. Junior Mortgagee Brought in by First Mortgagee Granted Relief on Cross Petition Notwithstanding Dismissal of Suit by Prior Mortgagee.</p> <p>A second mortgagee who has been brought into a foreclosure suit by a first mortgagee, may be granted relief upon a cross petition to have the cloud of the first mortgage removed from the property, even though the first mortgagee voluntarily dismisses his cause of action, and a third party who has purchased the equity of redemption desires to have the first mortgage remain upon the property.</p> <p>[Syllabus by the court.]</p>