Czako v. Orban

The single question requiring consideration by this court at this time is whether an ancestor’s unimpaired right of action to set aside a fraudulently obtained conveyance of land descends to his heirs. Restated and simplified, the problem is whether such a right of action is wholly personal to the grantor and therefore abates. Or does it survive?

The parties agree that the precise question has not been decided previously by this court. However, the plaintiff places some reliance upon certain language appearing in the opinion in the case of Brockschmidt v. Archer, 64 Ohio St., 502, 60 N. E.,…