Fleming v. Minx
Ohio Court of Appeals
Appeal: Court of Appeals for Athens county. On the 6th day of November, 1908, Elizabeth Nelson, one of the defendants, made application to Daniel Fleming for a loan of $15,000. Fleming was unwilling to take a mortgage in the usual way, and it was agreed that Elizabeth Nelson should convey to him certain premises in the city of Athens by deed, which she did, and that' Fleming should execute and deliver to Elizabeth Nelson a lease for ninety-nine years, renewable forever.
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Appeal: Court of Appeals for Athens county. On the 6th day of November, 1908, Elizabeth Nelson, one of the defendants, made application to Daniel Fleming for a loan of $15,000. Fleming was unwilling to take a mortgage in the usual way, and it was agreed that Elizabeth Nelson should convey to him certain premises in the city of Athens by deed, which she did, and that' Fleming should execute and deliver to Elizabeth Nelson a lease for ninety-nine years, renewable forever. The lease provides for an annual rental of $900 per year; that lessee shall pay all taxes and assessments that may be levied…
1Opinion of the CourtSayre, J.
The administrator with the will annexed of the estate of Daniel Fleming contends that the deed constitutes an equitable mortgage and desires an adjudication to that effect so he can foreclose the same and distribute the proceeds, while the plaintiffs claim that the transaction between Daniel Fleming and Elizabeth Nelson is a conditional sale and seek partition.
The contest here is between the administrator with the will annexed and the devisees and heirs at law of Daniel Fleming. Elizabeth Nelson is not interested in the matter except that her rights, whatever they may be, shall be protected.
So…
2Cases cited5 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Morris v. NixonSupreme Court of the United States · 1843
- Babcock v. WymanSupreme Court of the United States · 1857
- McMillan v. BissellMichigan Supreme Court · 1886
- Kellogg v. NorthrupMichigan Supreme Court · 1897
3Cited by5 opinions
- Crowe v. CroweOhio Court of Appeals · 1919
- Brown v. RawsonOhio Court of Appeals · 1921
- Brown v. Rawson, Court of Common Pleas of Ohio, Hamilton County1920
- Rawson v. BrownOhio Supreme Court · 1922
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