Morgan v. Staley
Ohio Supreme Court
This is a bill in chancery, for partition, from the county of Greene. Daniel Staley died in 1829, intestate, seized of a tract of land, in Greene county; and left, surviving him, a widow and six children. Forty-five acres of the tract were, in 1831, set off to the widow for her dower. In 1839, the complainant purchased the widow’s dower estate, and then bought the interest in remainder therein of one of the heirs at law.
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This is a bill in chancery, for partition, from the county of Greene. Daniel Staley died in 1829, intestate, seized of a tract of land, in Greene county; and left, surviving him, a widow and six children. Forty-five acres of the tract were, in 1831, set off to the widow for her dower. In 1839, the complainant purchased the widow’s dower estate, and then bought the interest in remainder therein of one of the heirs at law. Ho now files this bill in chancery against the other tenants in remainder to compel partition.
1Opinion of the CourtBirchard, J.
The counsel of the complainant and respondent seem to have different views of the nature of this proceeding-One has treated it as a proceeding in equity, the other as a statutory proceeding. It is, nevertheless, a bill in *equity, seeking the exercise of the ordinary powers of a court of chancery; the distinction between which and the powers of a court at law, in matters of partition, is well defined. 1 Story’s Eq. 605, 610. The equity jurisdiction, in such cases, is founded in the convenience of the thing, and in the necessity of proceeding, in a tribunal competent to settle all the…
2Cases cited1 opinion
- Bradshaw v. CallaghanCourt for the Trial of Impeachments and Correction of Errors · 1811
3Cited by8 opinions
- Stephens v. GibbesSupreme Court of Florida · 1873
- Opinion No., Oklahoma Attorney General Reports1973
- Opinion No. 69-154 (1969) Ag, Oklahoma Attorney General Reports1969
- Opinion No. 71-371 (1971) Ag, Oklahoma Attorney General Reports1971
- Opinion No. 72-114 (1972) Ag, Oklahoma Attorney General Reports1972
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