Cleveland & Toledo Railroad v. Prentice
Ohio Supreme Court
Error to tbe district court of Lucas county. Tbe action in tbe common pleas was brought Frebruary 18, 1854, by Prentice and Maddocks against tbe Cleveland and Toledo Railroad Company, for tbe recovery of a piece of land one hundred feet in width across lot 15, in river tract 87, in Lucas county. Prior to October 25, 1852, one Robert Piatt owned tbe whole of said lot 15, and on that day conveyed the same to Prentice and "Maddocks.
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Error to tbe district court of Lucas county. Tbe action in tbe common pleas was brought Frebruary 18, 1854, by Prentice and Maddocks against tbe Cleveland and Toledo Railroad Company, for tbe recovery of a piece of land one hundred feet in width across lot 15, in river tract 87, in Lucas county. Prior to October 25, 1852, one Robert Piatt owned tbe whole of said lot 15, and on that day conveyed the same to Prentice and "Maddocks. The strip of land in controversy is a part of tbe roadway of said railroad company, and which the company instituted proceedings to appropriate to its use as a part…
1Opinion of the CourtSutlii'I', C. J.
The plaintiffs below, in support of their claim to recover the lands in question, showed by their proof a conveyance to them on the 23d day of October, 1852, of lot No. 15, by Robert Piatt, who held the title at the time of the location of the railroad, and who, it is admitted, continued to hold a perfect title at the time of executing his deed, unless divested of the land in controversy by the proceedings of the *378railroad company, as stated. If, therefore, at the time of the institution of the action below (February 18, 1854), Piatt, had he made no. conveyance, could have recovered the land…
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