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8 Ohio opinions name it 2 courts 1960–2020 0 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
King v. Dunlapgreen1 sentence2020Applying these principles, King held that the vendors were entitled to the insurance policy limits, but that they held the “proceeds in excess of their interest, i.e., the unpaid balance of the purchase price, in trust for [the vendee].” Id. at 744. {¶ 50} Based upon our review of the relevant case law, including the principles that underlie the doctrine of equitable conversion, the meaning of the phrase “as their interests appear” appears to refer to the amount of the unpaid purchase price as it relates to a vendor. | 1 | 1 |
Blue Ash Building & Loan Co. v. Hahngreen2 sentences2020No. 16–87–32, 1989 WL 122533 (Oct. 10, 1989). {¶ 25} Under the doctrine of equitable conversion, when “land is contracted to be sold, * * * equity treats the exchange as actually taking place when the contract becomes effective.” Wood, 136 Ohio App.3d at 339 , citing Berndt v. Lusher, 40 Ohio App. 172, 176 , 178 N.E. 14 (6th 11 ADAMS, 19CA1088 Dist. 1931). {¶ 26} The vendee holds an “equitable estate in the land, equal to the amount of the purchase money paid, and which, upon full payment, may ripen into a complete equity, entitling him to a conveyance of the legal title according to the terms 2020No. 16–87–32, 1989 WL 122533 (Oct. 10, 1989). {¶ 25} Under the doctrine of equitable conversion, when “land is contracted to be sold, * * * equity treats the exchange as actually taking place when the contract becomes effective.” Wood, 136 Ohio App.3d at 339 , citing Berndt v. Lusher, 40 Ohio App. 172, 176 , 178 N.E. 14 (6th 11 ADAMS, 19CA1088 Dist. 1931). {¶ 26} The vendee holds an “equitable estate in the land, equal to the amount of the purchase money paid, and which, upon full payment, may ripen into a complete equity, entitling him to a conveyance of the legal title according to the terms | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Feiler v. Feiler
neutral
2 sentences1994However, the opinion goes on to state, 149 Ohio St. at 27 , 36 O.O. at 350 , 77 N.E.2d at 242 : “It is obvious that the doctrine of equitable conversion, as interpreted by this court, is to the effect that such doctrine cannot be applied until preceding estates have been ended.” (Emphasis added.) Here, the probate court applied that doctrine and found that the trust had not terminated by its terms. 1994However, the opinion goes on to state, 149 Ohio St. at 27 , 36 O.O. at 350 , 77 N.E.2d at 242 : “It is obvious that the doctrine of equitable conversion, as interpreted by this court, is to the effect that such doctrine cannot be applied until preceding estates have been ended.” (Emphasis added.) Here, the probate court applied that doctrine and found that the trust had not terminated by its terms. | 4 | 1994–2002 |
Wood v. Donohue
green
2 sentences2020No. 16–87–32, 1989 WL 122533 (Oct. 10, 1989). {¶ 25} Under the doctrine of equitable conversion, when “land is contracted to be sold, * * * equity treats the exchange as actually taking place when the contract becomes effective.” Wood, 136 Ohio App.3d at 339 , citing Berndt v. Lusher, 40 Ohio App. 172, 176 , 178 N.E. 14 (6th 11 ADAMS, 19CA1088 Dist. 1931). {¶ 26} The vendee holds an “equitable estate in the land, equal to the amount of the purchase money paid, and which, upon full payment, may ripen into a complete equity, entitling him to a conveyance of the legal title according to the terms 2002Wood v. Donohue (1999), 136 Ohio App.3d 336 , 339 . | 2 | 2002–2020 |
Berndt Admr. v. Lusher
green
2 sentences2020No. 16–87–32, 1989 WL 122533 (Oct. 10, 1989). {¶ 25} Under the doctrine of equitable conversion, when “land is contracted to be sold, * * * equity treats the exchange as actually taking place when the contract becomes effective.” Wood, 136 Ohio App.3d at 339 , citing Berndt v. Lusher, 40 Ohio App. 172, 176 , 178 N.E. 14 (6th 11 ADAMS, 19CA1088 Dist. 1931). {¶ 26} The vendee holds an “equitable estate in the land, equal to the amount of the purchase money paid, and which, upon full payment, may ripen into a complete equity, entitling him to a conveyance of the legal title according to the terms 2020No. 16–87–32, 1989 WL 122533 (Oct. 10, 1989). {¶ 25} Under the doctrine of equitable conversion, when “land is contracted to be sold, * * * equity treats the exchange as actually taking place when the contract becomes effective.” Wood, 136 Ohio App.3d at 339 , citing Berndt v. Lusher, 40 Ohio App. 172, 176 , 178 N.E. 14 (6th 11 ADAMS, 19CA1088 Dist. 1931). {¶ 26} The vendee holds an “equitable estate in the land, equal to the amount of the purchase money paid, and which, upon full payment, may ripen into a complete equity, entitling him to a conveyance of the legal title according to the terms | 1 | 2020–2020 |
Cullen & Vaughn Co. v. Bender Co.
green
1 sentence2013Id. at 94-95 . -15- Case No. 1-12-47 {¶37} The facts of this case are significantly different than those in Cullen & Vaughn, Co., supra. To begin with, this case does not involve a partial taking while the lessee continued to remain in possession of the subject property. | 1 | 2013–2013 |
Oliver v. Bank One, Dayton, N.A.
green
2 sentences1997Oliver v. Bank One, Dayton, N.A. (1991), 60 Ohio St.3d 32, 34 , 573 N.E.2d 55, 57-58 . 1997Oliver v. Bank One, Dayton, N.A. (1991), 60 Ohio St.3d 32, 34 , 573 N.E.2d 55, 57-58 . | 1 | 1997–1997 |
White v. Chestnutt
green
2 sentences1966App. 1932) (provision for payment of taxes on the home place); Ashelford v. Chapman (1909), 81 Kan. 312 , 105 Pac. 534 (provision allocating payment of purchase-money liens against child ren); In re White (1948), 150 Neb. 167 , 33 N. W. 2d 470 (provision relieving surviving husband of liability for expenses of wife’s last illness and burial); Geiger v. Bitzer (1909), 80 Ohio St. 65 (widow cannot take advantage of doctrine of equitable conversion). 1966App. 1932) (provision for payment of taxes on the home place); Ashelford v. Chapman (1909), 81 Kan. 312 , 105 Pac. 534 (provision allocating payment of purchase-money liens against child ren); In re White (1948), 150 Neb. 167 , 33 N. W. 2d 470 (provision relieving surviving husband of liability for expenses of wife’s last illness and burial); Geiger v. Bitzer (1909), 80 Ohio St. 65 (widow cannot take advantage of doctrine of equitable conversion). | 1 | 1966–1966 |
Ashelford v. Chapman
neutral
2 sentences1966App. 1932) (provision for payment of taxes on the home place); Ashelford v. Chapman (1909), 81 Kan. 312 , 105 Pac. 534 (provision allocating payment of purchase-money liens against child ren); In re White (1948), 150 Neb. 167 , 33 N. W. 2d 470 (provision relieving surviving husband of liability for expenses of wife’s last illness and burial); Geiger v. Bitzer (1909), 80 Ohio St. 65 (widow cannot take advantage of doctrine of equitable conversion). 1966App. 1932) (provision for payment of taxes on the home place); Ashelford v. Chapman (1909), 81 Kan. 312 , 105 Pac. 534 (provision allocating payment of purchase-money liens against child ren); In re White (1948), 150 Neb. 167 , 33 N. W. 2d 470 (provision relieving surviving husband of liability for expenses of wife’s last illness and burial); Geiger v. Bitzer (1909), 80 Ohio St. 65 (widow cannot take advantage of doctrine of equitable conversion). | 1 | 1966–1966 |
The Oak Building Roofing Co. v. Susor
neutral
2 sentences1960Counsel have brought to our attention Gilbert & Ives v. Port, 28 Ohio St., 276 ; and Oak Building and Roofing Co. v. Susor, 32 Ohio App., 66 , 166 N. E., 908 ; in which latter case the court, in following the pronouncement in Gilbert & Ives v. Port, supra, said: “Where contract for exchange of real estate contained no provision as to who should bear the loss in case any building on either of properties should be destroyed before deeds were executed, the purchaser must be regarded as equitable owner of property, and loss by reason of fire destroying building before execution of deed falls on hi 1960Counsel have brought to our attention Gilbert & Ives v. Port, 28 Ohio St., 276 ; and Oak Building and Roofing Co. v. Susor, 32 Ohio App., 66 , 166 N. E., 908 ; in which latter case the court, in following the pronouncement in Gilbert & Ives v. Port, supra, said: “Where contract for exchange of real estate contained no provision as to who should bear the loss in case any building on either of properties should be destroyed before deeds were executed, the purchaser must be regarded as equitable owner of property, and loss by reason of fire destroying building before execution of deed falls on hi | 1 | 1960–1960 |
Oberholtz v. Oberholtz
green
1 sentence1960Counsel have brought to our attention Gilbert & Ives v. Port, 28 Ohio St., 276 ; and Oak Building and Roofing Co. v. Susor, 32 Ohio App., 66 , 166 N. E., 908 ; in which latter case the court, in following the pronouncement in Gilbert & Ives v. Port, supra, said: “Where contract for exchange of real estate contained no provision as to who should bear the loss in case any building on either of properties should be destroyed before deeds were executed, the purchaser must be regarded as equitable owner of property, and loss by reason of fire destroying building before execution of deed falls on hi | 1 | 1960–1960 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.