Voight v. Southern Ohio Savings Bank & Trust Co.

This is an appeal on questions of law in an action for a declaratory judgment and presents the question of the proper disposition of the proceeds of fire insurance policies upon a building at 55 Walnut street, Cincinnati, Ohio, which was destroyed by fire. The insurers have paid the total amount of the policies ($4,500) into court, and by stipulation have been discharged from further liability.

The court is asked to decide between the rival claimants. These claimants are the grantees of the lessors under a perpetual leasehold on the one hand, and a mortgagee of the perpetual lease on the…