74 N.E.2d 271
No. 31029Supreme Court of Ohio.
Decided June 4, 1947.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Judgments — Cognovit note, executed December 29, 1934, secured by second mortgage — Reciting no action be brought within three years — Foreclosure action by first mortgagee — Answer of second mortgagee — Setting forth his mortgage — Asking for finding of amount due him and declaration of second lien — And, if sale, payment — Foreclosure decree, April 2, 1937 — Finding amount due second mortgagee and declaring his lien — Proceeds of sale exhausted by first mortgage — Sale confirmed June 7, 1937 — No execution by second mortgagee — Second mortgagee, in separate action, obtained cognovit judgment, July 22, 1938 — Certificates of judgment, July 23, 1938, and June 24, 1943 — Executions issued August 4, 1938, March 2 and August 9, 1944 — Claim that executions were “paper” — Separate action by second mortgagor, August 12, 1944 — To declare foreclosure decree and cognovit judgment unenforceable — Judgment for second mortgagor — Finding that Section 11663-1, General Code, applied — Affirmance by Court of Appeals.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Lex Kintner, for appellees.
Messrs. Todd Todd, for appellant.
It is ordered and adjudged, sua sponte, that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.
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