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SUMMER & CO. v. DCR CORP.

No. 75-952.

47 Ohio St. 2d 254 (1976)

SUMMER & Co., APPELLEE, v. DCR CORPORATION ET AL., APPELLEES; TRUSTEES OF OHIO WESLEYAN UNIVERSITY, APPELLANTS.

Supreme Court of Ohio.

Decided July 28, 1976.

Attorney(s) appearing for the Case

Messrs. Dunbar, Kienzle & Murphey and Mr. Alan L. Briggs, for appellees Summer & Co. and Basic Electric Corp.

Messrs. Summer, Hoffman & Bowsher, Mr. Robert H. Hoffman and Mr. Fred R. Wickham, for appellee Columbus Air Conditioning Corp.

Messrs. Crabbe, Brown. Jones, Potts & Schmidt, Mr. William L. Schmidt and Mr. Ira O. Kane, for appellant Trustees of Ohio Wesleyan University.

CELEBREZZE, J.

At issue in this cause is the manner in which a vendor of real property who takes a purchase money mortgage from the vendee establishes and preserves his preferential position in order to defeat the claims of persons asserting liens against the property. The Trustees of Ohio Wesleyan University, appellants, maintain that the doctrine of simultaneous seizin applies under such circumstances. Appellants...

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