
    MORTGAGES.
    [Hamilton Circuit Court,
    January Term, 1898.]
    Cox, Swing and Smith, JJ.
    John B. Bobe v. John Rankin et al.
    Correction of Defective Mortgage Addowed, Opposed by Generad Creditors.
    Court authorizes correction of a mortgage, defective in that, that the grantee, who was agent of plaintiff and afterwards transferred the mortgage to him, was one of the witnesses, and also took and certified the acknowledgment as notary public. '
    Appeal from the Court of Common Pleas of Hamilton county.
    
      A. B. Benedict, for the plaintiff.
    
      Marsh & Ritchie, Wm. Hartley Pugh, Gorman & Thompson, and Shay & Cogan, for the general creditors.
   The plaintiff loaned to Mary A. Rankin, $2,400, taking a mortgage on real estate as security. The mortgage was recorded, but proved to be defective in execution, in that the grantee, who was the agent of the plaintiff and alterward transferred the mortgage to him, was one of the witnesses, and also took and certified the acknowledgment as a notary public. Mrs. Rankin died leaving insufficient property to pay her debts. The present suit was brought for correction of the mortgage, which is resisted by the general creditors. At the hearing below Judge Wilson granted a decree making the correction. The circuit court held :

“A majority ol the court is of the opinion that the plaintiff is entitled to the relief asked.”  