SHANNON, P. J.
This is an appeal on questions of law from the Court of Common Pleas of Hamilton County, wherein summary judgment had been rendered for plaintiff, who is the executor of the estate of the original plaintiff, now deceased.
On July 7, 1961, John Procaccino (the deceased original plaintiff) and his wife conveyed real estate to Robert and Ruby Lay by general warranty deed. On the same date, Robert and Ruby Lay executed and delivered a mortgage deed...
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