Massachusetts Mut. Life Ins. v. Jeckell

McALLISTER, Circuit Judge.

In proceedings brought by the Massachusetts Mutual Life Insurance Company to foreclose a mortgage, Elizabeth M. Backus, a defendant, was awarded a decree on her claim for an equitable lien; and the insurance company appeals.

The controversy arises from the following circumstances: In 1919, Guttridge and Rand were owners of a parcel of real estate in Youngstown, Ohio, which they leas'ed' to Ephraim M. Braden. By the terms of the agreement, the lessee covenanted to erect buildings for his own use, and .the lessors agreed to purchase. such buildings from the lessee on…