Lingler v. Wesco

Citations

• 79 Ohio St. (N.S.) 225

Syllabus

<p>Mortgagor dies in possession of chattels — Mortgagee cannot maintain replevin — Interest of mortgagee transferred to fund arising from sale by administrator.</p> <p>Where the mortgagor dies in possession of the goods and chattels covered .by the mortgage, even after condition broken, and his administrator has taken possession of said goods and chattels in his trust capacity, the mortgagee cannot maintain replevin against such administrator for their possession. In such case, if the mortgage is valid, the interest of the mortgagee in the property under mortgage is transferred to the fund arising from the sale by the administrator.</p>