Lessee of Merritt v. Horne
Ohio Supreme Court
In error to the District Court of Hamilton county. The original action was ejectment, brought by the plaintiff against the defendant, and was, on appeal, tried in the district court of Hamilton bounty, at the April term, 1854, and resulted in a judgment for the defendant. The present proceeding is to inquire whether, under the state of facts presented by the record, the judgment of the district court was right.
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In error to the District Court of Hamilton county. The original action was ejectment, brought by the plaintiff against the defendant, and was, on appeal, tried in the district court of Hamilton bounty, at the April term, 1854, and resulted in a judgment for the defendant. The present proceeding is to inquire whether, under the state of facts presented by the record, the judgment of the district court was right. The facts are substantially as follows : '' John Dunseth died intestate in the year 1827, seized of the one undivided fourth part of certain lands in the record named, leaving Margaret…
1Opinion of the CourtRanney, C. J.
In deciding this case, I shall do no more than state the conclusions to which the court have arrived, upon the several questions presented. It has been fully and ably argued by counsel, and the ground upon which these conclusions are based, and their application to the facts, will be made apparent' by the publication of a synopsis of those arguments.
We have again carefully examined the doctrine announced in Borland's Lessee v. Marshal, 2 Ohio St. Rep. 308, that an actual seizin of the land of the wife during coverture, is not necessary to *318entitle the husband to curtesy in this State ; and are…
2Cases cited1 opinion
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
3Cited by14 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Test v. LarshIndiana Supreme Court · 1881
- Sloan v. FrothinghamSupreme Court of Alabama · 1882
- Prichard v. NelsonDistrict Court, W.D. Virginia · 1942
- Prichard v. NelsonCourt of Appeals for the Fourth Circuit · 1943
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