Johnson v. Kendeigh

Citations

• 33 Ohio C.C. Dec. 207
• 18 Ohio C.C. (n.s.) 553

Syllabus

<p>DEEDS — MORTGAGES</p> <p>1. Deed Absolute Construed Mortgage.</p> <p>A deed absolute, with contract for reconveyance will be construed as a mortgage, rather than as a conditional sale, if the equities of the case require it.</p> <p>2. Heir on Deed Construed Mortgage Obtains Relief by Payment of Mortgage Debt.</p> <p>An administrator of the deceased grantor of such. a deed, may maintain an action to have it construed as a mortgage, but the relief granted will be a conveyance of the property to the heir or devisee, upon payment of the mortgage debt, such conveyance to be subject to the debts of the 'decedent.</p>