Fleurot v. Fletcher

Hamilton Circuit Court

Fleurot v. Fletcher

18 Ohio C.C. Dec. 841

DecidedMarch 2, 1903

StatusPublished

This text of 18 Ohio C.C. Dec. 841 (Fleurot v. Fletcher) is published on Counsel Stack Legal Research, covering Hamilton Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fleurot v. Fletcher, 18 Ohio C.C. Dec. 841 (Ohio Super. Ct. 1903).

Pincite

Opinion

SWING, J.

The petition in this case alleged that plaintiff loaned defendants $15,000 for a term of three years, receiving as security a deed in fee ■simple to certain real estate, and giving a lease back to the defendants; that the said loan had not been repaid, and that the deed was in fact a mortgage; and praying for a foreclosure and sale of the said property.

The motion to dismiss the appeal in this case should be overruled. Plaintiff’s cause of action is purely equitable. No right to a jury existed. The right to have the deed declared a mortgage and the right to have the transaction declared a loan for $15,000 was wholly within the jurisdiction of a court of equity, and could not be tried to a jury. Whether or not a case is appealable depends upon the relief sought, and here it is equitable.

Jelke and Giffen, JJ., concur.

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SWING, J.

The petition in this case alleged that plaintiff loaned defendants $15,000 for a term of three years, receiving as security a deed in fee ■simple to certain real estate, and giving a lease back to the defendants; that the said loan had not been repaid, and that the deed was in fact a mortgage; and praying for a foreclosure and sale of the said property.

The motion to dismiss the appeal in this case should be overruled. Plaintiff’s cause of action is purely equitable. No right to a jury existed. The right to have the deed declared a mortgage and the right to have the transaction declared a loan for $15,000 was wholly within the jurisdiction of a court of equity, and could not be tried to a jury. Whether or not a case is appealable depends upon the relief sought, and here it is equitable.

Jelke and Giffen, JJ., concur.

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Bluebook (online)

18 Ohio C.C. Dec. 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleurot-v-fletcher-ohcircthamilton-1903.