United States Mortgage & Tr. Co. v. Anderson

Citations

• 20 Ohio C.C. Dec. 491
• 11 Ohio C.C. (n.s.) 177

Syllabus

<p>ERROR — MORTGAGES—PARTIES.</p> <p>Parker, Wildman and Kinkade, JJ.</p> <p>1. Outstanding Claimant Proper Party in Foreclosure.</p> <p>Foreclosure proceedings, under the Ohio statutes, contemplate appraisal and sale of the entire land mortgaged and not merely the equity of redemption; and, so as to convey title without cloud to the purchaser at judicial sale, all persons having claims against the property are made parties, including therein an outstanding claimant, although deriving no title, nor claiming such, from defendant in possession or his immediate predecessors in title.</p> <p>.2. Order of Reversal by Federal Appellate Court not Binding on State Court.</p> <p>A judgment by the federal circuit court of appeals reversing the federal circuit court having original jurisdiction of the controversy and remanding the cause for new trial, is not a final order or conclusive adjudication binding on a state court.</p> <p>[Syllabus approved by the court.]</p>