Deem v. Millikin
Ohio Court of Appeals
6 Ohio Cir. Ct. 357 (1892)
- Written by Sharon Feldman, JD
Facts
Caroline Sharkey was a widow who died without a will. Sharkey had one son, Elmer Sharkey. Under the Ohio statute of descents, Elmer was Caroline’s sole heir. Elmer had debts and had mortgaged certain of his mother’s property to secure loans from Thomas Millikin and other lenders (the lenders) (the defendants). Thereafter, Elmer was hanged for having murdered his mother. Malinda Deem and Caroline’s other siblings (Deem) (plaintiffs) sought a judgment that Elmer had not inherited, and therefore could not mortgage, his mother’s property. The lenders claimed that Elmer had inherited the property he had mortgaged and that the lenders had security interests in the property. The court ruled that Elmer had inherited his mother’s entire estate and that the lenders had valid security interests. Deem appealed.
Rule of Law
Issue
Holding and Reasoning (Shauck, J.)
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