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THE OBERLIN SAVINGS BANK CO., APPELLEE v. FAIRCHILD ET AL., APPELLEES; THE LORAIN BANKING CO., APPELLANT.

Foreclosure — Real estate mortgage — Final appealable order — Claimant failing to appeal therefrom — Cannot thereafter attack correctness of final order — Pleading and proof necessary to establish claim.

Per Curiam.

The order of April 14, 1961, ordering a foreclosure sale and finding the amounts due the various claimants is the final order from which Carmen Fairchild should have appealed. Queen City Savings Loan Co. v. Foley, 170 Ohio St. 383. The Court of Appeals was in error in reversing the judgment of the trial court, where no appeal was taken from the final order of that court.

The Court of Appeals was in error also in recognizing the claim of Carmen Fairchild who filed no pleading asserting her claim and presented no evidence in support of it.

Judgment reversed.

TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.

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SAVINGS BANK v. FAIRCHILD
(Dec 4, 1963)