Engell v. Union Central Ins. Co. of Cincinnati

DUNKLIN, Chief Justice.

Harry Engell and wife desired a loan on their homestead, and, in order to make it appear that the lien to be given therefor was. free of any claim of homestead, they entered into a simulated transaction with one George J. Mellina, purporting to be a valid material-man’s lien for improvements on the property. That contract was in due form and properly acknowledged in compliance with constitutional and statutory requirements. It stipulated for the payment to Mellina of .$1,500 sixty days after date for the improvements. About one month thereafter they applied to the Union…