Arnold v. Donaldson
Ohio Supreme Court
Error to the District Court of Wood County. The defendants in error, James Donaldson, Benjamin F. Kerr, Thomas J. Sterling, Smiley McKee, Lewis Fitch, Isaac Groff and William Markloff, filed their petition in the Court of Common Pleas of Wood County, against the plaintiffs in •error, Wesley Arnold, Sarah Ann Seip, Louisa Bortle, Ada-line A. Arnold, and George P. Hinsdale, as executor of the last will and testament of Emanuel Arnold, deceased.
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Error to the District Court of Wood County. The defendants in error, James Donaldson, Benjamin F. Kerr, Thomas J. Sterling, Smiley McKee, Lewis Fitch, Isaac Groff and William Markloff, filed their petition in the Court of Common Pleas of Wood County, against the plaintiffs in •error, Wesley Arnold, Sarah Ann Seip, Louisa Bortle, Ada-line A. Arnold, and George P. Hinsdale, as executor of the last will and testament of Emanuel Arnold, deceased. The plaintiffs in their petition, in substance aver : “ That Emanuel Arnold died on or about July 14, 1874, leaving a last will and testament, of which…
1Opinion of the CourtHickman, J.
When the land of which the testator, Emanuel Arnold, died seized and possessed, was sold by the executor, George P. Hinsdale, under the order of the court of probate, the knowledge had been brought home to the purchasers, that Sarah Arnold and Adaline A. Arnold were then alive; that they had been wives of the testator, and had been divorced from him on account of his wrongs and aggressions. Prior to the sale, it was a subject of inquiry with the executor and purchasers, whether the latter could acquire a clear and unincumbered title, free from dower — -the former wives of the deceased not…
2Cases cited4 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Mechanics' Savings & Building Loan Ass'n v. O'ConnerOhio Supreme Court · 1876
- Vattier v. Lytle's ExecutorsOhio Supreme Court · 1834