Lessee of Parker v. Miller
Ohio Supreme Court
Ejectment for a tract of land in T. 8, R. 3, in the Connecticut Reserve. From Ashtabula. The case was submitted in the county upon agreed facts, and evidence. *Both parties claim title under Solomon L. Fuller, who, on the 23d of February, 1811, was seized of the premises in controversy, in fee simple. On that day, Fuller, by deed of quit claim, conveyed to Apollos Griswold. This deed was not recorded until June, 1813, more than two years after its date.
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Ejectment for a tract of land in T. 8, R. 3, in the Connecticut Reserve. From Ashtabula. The case was submitted in the county upon agreed facts, and evidence. *Both parties claim title under Solomon L. Fuller, who, on the 23d of February, 1811, was seized of the premises in controversy, in fee simple. On that day, Fuller, by deed of quit claim, conveyed to Apollos Griswold. This deed was not recorded until June, 1813, more than two years after its date. At the time of the execution of this deed, both Fuller and Griswold were non residents of the state of Ohio, and have so continued ever…
1Opinion of the Court
By the Court,
Hitchcock, Judge.
There being no question in ■this case, but that Fuller had title to the premises in controversy, and that his .title was conveyed to Griswold, it is clear that the plaintiff must'recover, unless this title is defective by the proceedings in attach.ment.
On the part of the defendants, it is claimed that the proceedings are valid, although irregular, and that they can not now be impeached for •irregularity, for two reasons : 1st. Because it is too late to reverse them in error. 2nd. They can not be impeached collaterally.
It is further claimed that an attachment is a…
2Cases cited1 opinion
- Dorris v. SmithOregon Supreme Court · 1879
3Cited by4 opinions
- Lessee of Irvin v. SmithOhio Supreme Court · 1848
- Lessee of Paine v. MoorelandOhio Supreme Court · 1846
- Ducker v. First National Bank of Southwestern Ohio (In Re Gray)United States Bankruptcy Court, S.D. Ohio · 1984
- Hopping v. BurnamSupreme Court of Iowa · 1849