Wright v. Franklin Bank
Ohio Supreme Court
Error to the Circuit Court of Hamilton county. The facts as disclosed by the record necessary to a full understanding of this case are as follows: In the year 1892, Thomas B. Youtsey and others became the owners of a tract of land in Hamilton county, Ohio, known as the Hyde Park Syndicate property. The interest of Mr. Youtsey in the property was somewhat greater than the undivided one-sixth part thereof.
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Error to the Circuit Court of Hamilton county. The facts as disclosed by the record necessary to a full understanding of this case are as follows: In the year 1892, Thomas B. Youtsey and others became the owners of a tract of land in Hamilton county, Ohio, known as the Hyde Park Syndicate property. The interest of Mr. Youtsey in the property was somewhat greater than the undivided one-sixth part thereof. The legal title to the property was taken in the name of James E. Mooney, in trust for the persons composing the syndicate. As such trustee he had full power to sell, convey or lease the…
1Opinion of the Court
Burket, 3.
The defendants in error do not seem to contend that the body of the writing1 of January 16, 1895, signed by Mr. Youtsey, is insufficient in form to create a lien upon his interest in the syndicate property, and for the purposes of this case it may be conceded to be so.
To properly dispose of this case it is necessary to consider the principles of law applicable to the subject matter in hand generally which we now proceed to do.
It has been held by this court that where an owner of land contracts to sell the same to another person, such vendor holds the title in trust for the…
2Cases cited1 opinion
- Butler v. Brown's heirsOhio Supreme Court · 1855