Cowguill v. Hall

Citations

• 2024 Ohio 6062

Syllabus

The trial court did not err by finding that appellants had no legal right to partition the property, as appellants only held an equitable mortgage. Under Ohio law, a deed intended to secure performance of an obligation may be treated as an equitable mortgage whether or not such interest is disclosed by the instrument. However, the trial court erred by setting the terms of the oral agreement/equitable mortgage, as that issue was not properly before the court.