HILEMAN v. BANK & TRUST CO.

No. 37340.

174 Ohio St. 95 (1962)

HILEMAN, APPELLEE, v. THE HARTER BANK & TRUST CO., APPELLANT.

Supreme Court of Ohio.

Decided December 19, 1962.


Attorney(s) appearing for the Case

Mr. Robert J. Swan and Mr. Aurel Solomon, for appellee.

Messrs. Black, McCuskey, Souers & Arbaugh, Mr. Dan M. Belden and Mr. Gene Barnhart, for appellant.


CRAWFORD, J.

The question in this case is whether a mortgagor can, by signing a purchase-money mortgage containing a repossession clause to that effect, legally consent that the mortgagee, or his successor in interest, upon default by the mortgagor may, with or without legal process, make use of such force as may be necessary, with or without breaking and entering, to enter upon any premises where a mortgaged chattel may...

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