Summer & Co. v. DCR Corp.

At issue in this cause is the manner in which a vendor of real property who takes a purchase money mortgage from the vendee establishes and preserves his preferential position in order to defeat the claims of *258persons asserting liens against the property. The Trustees of-Ohio Wesleyan University, appellants, maintain that the doctrine of simultaneous seizin applies under such circumstances. Appellants? position1'is based upon their interpretation of the doctrine which holds that “ [wjhere a deed of land is executed and) simultaneously therewith, the purchaser gives to the vendor a purchase…