XXTH CENTURY HEAT VENT. CO. v. FAZCKAS, 132 Ohio St. 476 (1937)

9 N.E.2d 2

XXTH CENTURY HEATING VENTILATING CO., APPELLANT v. FAZCKAS ET AL.; HOME OWNERS’ LOAN CORP., APPELLEE.

No. 26530Supreme Court of Ohio.
Decided May 26, 1937.

Supreme Court — Dismissals — No debatable constitutional question involved — Real property — Fixtures — Furnaces for dwelling sold on recorded conditional sales contract — Mortgage on dwelling given to mortgagee without notice of conditional sale — Priority of liens upon furnaces — Necessity of notice to mortgagee of realty.

APPEAL from the Court of Appeals of Cuyahoga county.

Mr. Lewis A. Seikel, for appellant.

Mr. Jerome W. Moss, Mr. Charles L. Kaps, Mr. James W. Shocknessy and Miss Florence G. Denton, for appellee.

It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.

Appeal dismissed.

WEYGANDT, C.J., JONES, MATTHIAS, DAY, ZIMMERMAN, WILLIAMS and MYERS, JJ., concur.

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