Toledo Trust Co. v. Yakumithis Enterprises Inc.

This is an appeal from the Lucas County Court of Common Pleas. The parties to this appeal are appellant SGH Investments (hereinafter “appellant”) and appellee Luttrell Auto Supply (hereinafter “appellee”).

The facts underlying this appeal are as follows. Yakumithis Enterprises, Inc. (hereinafter “Yakumithis”) was the mortgagor of a parcel of real property. When Yakumithis defaulted on the promissory note securing the mortgage, Toledo Trust Co., the mortgagee, filed a complaint in foreclosure against Yakumithis. Toledo Trust Co. also filed suit against appellee, who held an easement on the…