Legal Opinion

Lessee of Davis v. Powell

Ohio Supreme Court

Decided December 15, 1844PublishedCited by 1 opinion

This case was reserved from Logan county to determine questions arising upon an assessment for improvements under the occupying claimant law. The facts were agreed as follows: It is agreed that the defendant purchased the lands recovered in the action of ejectment from Samuel Newell, as agent of Bur-net and Spencer, in March, 1820, and paid $217, took a title bond and wont into possession, and has occupied it ever since.

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This case was reserved from Logan county to determine questions arising upon an assessment for improvements under the occupying claimant law. The facts were agreed as follows: It is agreed that the defendant purchased the lands recovered in the action of ejectment from Samuel Newell, as agent of Bur-net and Spencer, in March, 1820, and paid $217, took a title bond and wont into possession, and has occupied it ever since. Burnet and Spencer had no color of title, and the sale by Newell arose-from a misapprehension as to the identity of the land sold. In 1831, one Isaac Shingledeeker exhibited…

1Opinion of the CourtRead, J.

It is contended by counsel for the plaintiff that, under the occupying claimant law, the defendant.is not entitled to payment for valuable and lasting improvements made upon the premises prior to December 29, 1834, because, up to that period from the year 1820, he had occupied under no color of title whatever derived in the manner specified in the statute.

This presents the simple question whether, upon a fair construction of the occupying claimant law, a person in possession of land under no color of title whatever, and subsequently acquiring such title as brings him within the statute, is,…

2Cited by1 opinion

  1. Shay's Appeal from ProbateSupreme Court of Connecticut · 1883

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