
    ASSIGNMENTS OF MORTGAGES.
    [Circuit Court of Hamilton County.]
    Emeline L. Williams v. The Queen City Homestead Co.
    Decided, February 5, 1907.
    
      Mortgage — Personal Liability as Distinguished from a Lien on- Land — Title Acquired, by Assignment — Record of Assignment -Lien for Taxes.
    
    
      A record of an assignment of a mortgage is not required by Section 4135 in order so give the mortgage priority over subsequent liens.
    G-iffen, J.; Jelke, P. J., and Swing, J., concur.
    The question whether the defendant company assumed and agreed to pay the mortgage claim affects only its personal liability, and in either event the mortgage remains a lien on the land.
    The mortgage was given for a valuable consideration paid by the plaintiff, but was by mistake executed and delivered to Sarah S. Alford, who voluntarily assigned it together with the note secured thereby to the plaintiff, by which the latter acquired a good title. Hitesman v, Dovmeb, 4.0 O. S., 287.
    
      Section 4135, Revised Statutes, does not require a record of an assignment of a mortgage in order to give priority of same over subsequent lien's.
    No answer tos filed to the cross-petition of J. B. Meifeld setting up a lien for taxes, hence the allegations thereof are admitted to be true. The transcript shows that he was made a. party and filed his cross-petition, not after, but before the decree of distribution was entered.
    Decree accordingly.
    
      Wm. Hartley Pugh and George Elliott Pugh, for plaintiff.
    
      A. B. Dunlap and H. It, Weber, contra.
     