Administrators of Winthrop v. Huntington
Ohio Supreme Court
This cause was adjourned for decision here, from the county of Huron. The case was this: Winthrop, the original complainant, had derived title to a tract of land in Huron county, under an order of sale, made by the orphans’ court of Connecticut.
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This cause was adjourned for decision here, from the county of Huron. The case was this: Winthrop, the original complainant, had derived title to a tract of land in Huron county, under an order of sale, made by the orphans’ court of Connecticut. Huntington’s wife was the heir at law, and, in an action of ejectment, had recovered possession of the lands on the ground that the court directing the sale had no jurisdiction to direct a sale of the land in question, as adjudged by the court in the case of Nowler, Douglass, et al. v. Coit, 1 Ohio, 519. Winthrop and those under whom he claimed, had…
1Opinion of the Court
By the Court:
The complainant in this cause having been ejected from land claimed by him, as owner, in consequence of a recovery against him at law, has filed this bill, seeking to be considered as trustee for the respondents, in all that he did to improve and preserve the lands in the character of absolute owner. The grounds upon which it is attempted to sustain this pretension are, that inasmuch as the identification of the land was the act of the complainant, and that identification is recognized by the respondents, as to this they admit an agency; and as the improvements and payments of…
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