
    JURISDICTION IN EQUITY.
    [Circuit Court of Hamilton County.]
    George G. Fleurot v. Clara B. Fletcher et al.
    
    Decided, March 2, 1903.
    
      Appeal—Equitable Jurisdiction—Right to have a Deed Declared a Mortgage, and the Transaction a Loan.
    
    Where it is sought to have a deed declared a mortgage and the mortgage foreclosed the action is purely equitable and an appeal will not lie.
    Swing, J.; J'elke, J., and Giffen, J., concur.
    The petition in this case alleged that plaintiff loaned defendants $15,000 for a term of three years, receiving as security a deed in fee simple to certain real estate, and giving a lease back to the defendants; that the said loan had not been repaid, and that the deed was in fact a mortgage; and praying for a foreclosure and sale of the said property.
    The motion to dismiss the appeal in this case should be overruled. Plaintiff’s cause of action is purely equitable. No right to a jury existed. The right to have the deed declared a mortgage and the right to have the transaction declared a loan for $15,000 was wholly within the jurisdiction of a court of equity, and could not be tried to a jury. Whether or not a case is appealable depends upon the relief sought, and here it is equitable.
    
      Drausin Wulsin and Ben B. Dale, for the motion.
    
      Maxwell & Bamsey, for the defendants.
    
      
       Affirmed by the Supreme Court .without report, 73 O. S., 381.
    
     