
    ELYRIA SAV. & TRUST CO., Trustee v GIBSON et
    Ohio Appeals, 9th Dist, Lorain Co
    No 875.
    Decided Feb. 24, 1938
    R. H. Rice, Elyria, for appellant.
    Fauver & Fauver, Elyria, for appellee Board of Trustees of Oberlin College.
   OPINION

PER CURIAM:

Among other reasons for reaching the same conclusion as was reached by the trial court in this case, is the fact that we are of the' opinion that one who takes a second mortgage upon real estate with actual knowledge of a first mortgage thereon, duly recorded, is not a subsequent bona fide mortgagee within the terms of §8546-2, GC;

A decree may be drawn as in the Common Pleas Court.

STEVENS, PJ, WASHBURN, . J, and and DOYLE, J, concur.  