Hall v. Bradfield

Decided April 15, 1901

Ohio Circuit Courts · decided 1901-04-15

Heard on Error. Ejectment may be maintained on a mortgage if brought within fifteen years, but not after that period. A mortgagee does not hold the absolute and complete title even after condition broken. Miami Exp. Co. v. Bank, Wright, 249 ; Hill v. West, 8 Ohio, 222 [31 Am. Dec. 442]; Perkins v.Debble, 10 Ohio, 433, 437 [36 Am.

Decided 1901-04-15

Swing, J.,

¶1dissents.

¶2I do not concur in the judgment arrived at by Judges Smith and Giffen in this case. It seems to me that the decision of the Supreme Court in Kernohan v. Manss, 53 Ohio St. 118 [41N. E. Rep. 258 ; 29 L. R. A. 317], is decisive of the question here raised, and that it is directly opposed to the conclusion arrived at by a majority of this court. Other decisions might be cited to the same effect, but I think this one is sufficient.