Opinion
No. 31545
Decided November 10, 1948.
Supreme Court — Dismissal — No debatable constitutional question involved — Execution — Deficiency in judgment after foreclosure sale of real property — Mortgagor acquired one-family-dwelling property in 1918 — Used as home four months, then abandoned as such — Mortgaged to trust company March 1925 — Sold by mortgagor October 1925 — Vendee assumed and agreed to pay mortgage — Foreclosure by trust company August 1936 — Commercial account with trust company opened by mortgagor December 1943 — Account charged by amount of deficiency January 1946 — Action by mortgagor against trust company for amount charged — Judgment for trust company — Reversal by Court of Appeals — Judgment as to deficiency unenforceable after two years from confirmation of sale — Section 11663-1, General Code — Claim interpretation by Court of Appeals rendered statute unconstitutional — Equal protection — Section 2, Article I, Constitution — Article XIV, Amendments, U.S. Constitution — Constitutional question not raised in lower courts.
APPEAL from the Court of Appeals for Lorain county.
Mr. Dan K. Cook, for appellee.
Messrs. Todd Todd and Messrs. Fauver Fauver, for appellant.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.