Buckley v. Gilmore
Ohio Supreme Court
This is a Bill in Chancery, to review a decree of the Supreme court, on the Circuit in Highland county. The original bill was filed by Gilmore and Hopkins, stating that, on the 17th of August, 1787, Josiah Tannehill entered 1333J acres, No. 1326, on the waters of the east fork of Brush creek, “ beginning, for said entry, at the south-west corner to Thomas Jones, and others’ survey, No. 1269, running thence west, 400 poles, and from the termination of this line, and from the…
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This is a Bill in Chancery, to review a decree of the Supreme court, on the Circuit in Highland county. The original bill was filed by Gilmore and Hopkins, stating that, on the 17th of August, 1787, Josiah Tannehill entered 1333J acres, No. 1326, on the waters of the east fork of Brush creek, “ beginning, for said entry, at the south-west corner to Thomas Jones, and others’ survey, No. 1269, running thence west, 400 poles, and from the termination of this line, and from the beginning with Jones and others’ line, north, for quantity.” On the 15th October, 1790, Tannehill’s entry was surveyed,…
1Opinion of the Court
Birchard, Judge.
This bill raises the question, whether Tannehill’s entry, No. 1326, was too vague and uncertain to appropriate the land claimed by respondents. This supposed vagueness arises from alleged defects in the entry of Thos. Jones and others, No. 1269, on which entry No. 1326, depends. Entry No. 1269, bears date Aug. 16, 1787. Tannehill’s entry, No. 1326, bears date Aug. 17, 1787 ; and Clemson’s entry. No. 2771, under which complainants claim, covers 419|- acres of the land embraced by entry No. 1326, and bears date Feb. 27, 1797. Upon the simple question of priority, the respondents…
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