Schell v. Bernhard

Citations

• 26 Ohio C.C. Dec. 39
• 25 Ohio C.C. (n.s.) 411

Syllabus

<p>MORTGAGES.</p> <p>Accepting Mortgage from Heirs does not Waive Priority of Claims against Estate.</p> <p>The holder of a claim against the estate of a decedent does not, by accepting a mortgage executed by the heirs, waive his priority over previous mortgages by the heirs in so far as these mortgages were given to secure money borrowed to pay off general creditors of' the estate, where the subsequent mortgage contains a recital disavowing any intention to waive such priority.</p>