Fortman v. Goepper
Ohio Supreme Court
Error to the superior court of Cincinnati. On May 16, 1855, Erancis Fortman, plaintiff in error, purchased a lot of ground on the corner of Clay and Twelfth streets, in Cincinnati, and gave on the same a mortgage for the purchase money ($6,000), which mortgage was assigned to and is now held by E. Bodman, one of the defendants.
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Error to the superior court of Cincinnati. On May 16, 1855, Erancis Fortman, plaintiff in error, purchased a lot of ground on the corner of Clay and Twelfth streets, in Cincinnati, and gave on the same a mortgage for the purchase money ($6,000), which mortgage was assigned to and is now held by E. Bodman, one of the defendants. Fortman erected on the lot a building for the purpose of a brewery, and placed in it the necessary machinery; and the premises have ever since been usted for that purpose. On April 29,1856, Fortman executed to Andrew Wood a mortgage, on the same premises, for $10,000,…
1Opinion of the CourtWhite, J.
The exceptions in this case are to the findings of the court upon the question, as to whether the property, in controversy, was realty or personalty. The evidence is set out m the record, and is conflicting. It has been passed upon once by the superior court in special term and subsequently by the same court in general term. Whether the articles in controversy were real or personal property is a mixed question of law and fact. So far as the evidence is in conflict, this court does not occupy the position of the court below; but should assume the truth to be with the testimony which sustains,…
2Cases cited3 opinions
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