Jacks v. Adamson
Ohio Supreme Court
Error to the Circuit Court of Lawrence county. On November 13, 1865, John Adams, as administrator of the estate of Quincy Wilson, deceased, filed his petition in the probate court of Lawrence county, for an order for the sale of land of which Wilson was seized at the time of the death, alleging the insufficiency of his personal estate to pay debts and the costs of administration, and the necessity for the sale of said lands for that purpose.
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Error to the Circuit Court of Lawrence county. On November 13, 1865, John Adams, as administrator of the estate of Quincy Wilson, deceased, filed his petition in the probate court of Lawrence county, for an order for the sale of land of which Wilson was seized at the time of the death, alleging the insufficiency of his personal estate to pay debts and the costs of administration, and the necessity for the sale of said lands for that purpose. S'uch proceedings were had that the lands were sold and conveyed to Samuel Russell, whose title is now vested in Mrs. Jacks. The records in the probate…
1Opinion of the CourtShauck, J.
It is said that the learned judges-of the circuit court were of the opinion that the judgment of reversal rendered in this ease was. required by the decision of this- court in Heirs of Ludlow v. Johnston, 3 Ohio, 553.
That ease was reported at great length, and it. has been misunderstood frequently. An analysis-of the case shows that it was not a proceeding in. the court of common pleas, acting as a court of probate, to enter upon its record the evidence of an order which it had in fact made at a former term. It was an action of ejectment. The plaintiffs claimed as heirs-at-law of Israel…
2Cases cited2 opinions
- Weed v. WeedSupreme Court of Connecticut · 1856
- Brownlee v. Board of CommissionersIndiana Supreme Court · 1885