Ohio Savings & Loan Co. v. Weber

Citations

• 33 Ohio C.C. Dec. 279
• 21 Ohio C.C. (n.s.) 130
• 1907 Ohio Misc. LEXIS 487

Syllabus

<p>MORTGAGES</p> <p>Grantee of Purchaser at Judicial Sale Bound by Agreement to Assume Mortgage.</p> <p>When real estate is sold by an administrator under an order of the probate court in a proceeding to sell lands to pay the debts of a decedent, and it is stated both in the administrator’s report of the sale made to the court and in his deed to the purchaser, that the purchaser takes the land subject to a mortgage which she assumes and agrees to pay, the grantee of such purchaser will take the property subject to such mortgage, even though the mortgagee did not set up its mortgage upon these particular premises in the action to sell them and there was no finding of the probate court of the amount due him.</p>