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SECURITY BANK v. HAWK

No. 87-409.

35 Ohio St. 3d 1 (1988)

SECURITY BANK, APPELLEE, v. HAWK, APPELLANT; ZWELLING ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 6, 1988.

Attorney(s) appearing for the Case

David Frey, for plaintiff-appellee The Security Bank.

Lavelle, Carson, Lavelle & Lavelle Co., L.P.A., and William A. Lavelle, for appellant.

William R. Walker, for defendants-appellees Zwellings.

WRIGHT, J.

The primary question posed by this appeal is whether a mortgage is fatally defective if the parties knowingly leave portions of the mortgage contract blank with an understanding the blank portions will be filled in at a later date. We hold such mortgages are not fatally defective.

The defendant-appellant, Hawk, Jr., states that a deed executed in blank is void. Ayres v. Harness (1824), 1 Ohio 368, 372. This rule, however, does not...

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