Shafer v. Ames

Citations

• 33 Ohio C.C. Dec. 438
• 22 Ohio C.C. (n.s.) 43
• 1908 Ohio Misc. LEXIS 377

Syllabus

<p>MORTGAGES — PAYMENT</p> <p>Decree Finding Conditions of Mortgage Performed is Bar to Action on Note.</p> <p>When the holder and assignee of a mortgage note and mortgage brings suit for foreclosure of the mortgage in the county where the land is situated without asking for personal judgment,, and the defendant by answer and cross-petition asks for cancellation of both note and mortgage on the ground that the amount of the note and mortgage has been paid to an agent of the plaintiff, a decree of the court finding that the conditions of the mortgage has been performed supports a plea of res adjucUcata when interposed as a defense to an action on the note begun in another county.</p>