SILVERSTEIN ET AL. v. CENTRAL FURNITURE CO., INC.

No. 18,984.

129 Ind. App. 166 (1958)

154 N.E.2d 526

SILVERSTEIN ET AL. v. CENTRAL FURNITURE CO., INC.

Court of Appeals of Indiana.

Filed December 17, 1958.


Attorney(s) appearing for the Case

Gambill, Dudley, Cox, Phillips & Gambill, of Terre Haute, for appellants, Elsa A. Silverstein, and Arthur Justin and Elsa A. Silverstein as Co-Executors of the Estate of David Silverstein, deceased.

Dix, Dix, Patrick & Ratcliffe, of Terre Haute, for appellants Mollie Solomon, Joseph Solomon, Trustee under the will of Mollie Solomon, deceased, and Joseph Solomon, Executor of the Estate of Mollie Solomon, deceased.

Harold J. Bitzegaio and Hansford C. Mann, both of Terre Haute, for appellee.


PFAFF, J.

Appellee corporation brought this action seeking to have certain documents adjudged to constitute a mortgage given by it rather than a deed and lease back to it with option to purchase, and for other relief.

Trial to the court resulted in a finding and judgment for appellee.

The sole error properly assigned here is the overruling of appellants' motion for a new trial which includes the grounds...

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