Larrowe v. Beam
Ohio Supreme Court
This is a petition for dower from the county of Knox. George Resley died intestate, in Washington county and State of Maryland, in the year 1809, leaving the said Mary Larrowe, his widow, who resided till the year.1835, out of the State of Ohio. At the time of his death, George Resley was seized of the premises in the petition mentioned, and now owned and occupied by William Beam, as well as other real estate, in the county of Knox.
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This is a petition for dower from the county of Knox. George Resley died intestate, in Washington county and State of Maryland, in the year 1809, leaving the said Mary Larrowe, his widow, who resided till the year.1835, out of the State of Ohio. At the time of his death, George Resley was seized of the premises in the petition mentioned, and now owned and occupied by William Beam, as well as other real estate, in the county of Knox. In 1812, Jacob Resley, one of the heirs, came to Ohio from Maryland, in behalf of himself and the other heirs, to look after and take charge of the land. In 1815,…
1Opinion of the CourtGrimke, J.
It appears that a period of more than thirty years has elapsed from the death of George Besley, sen., the time when the right to demand dower first accrued, and the commencement of this suit. But as the petitioner resided out of the state until the year 1835, it is attempted to avoid the effect of the exception in the statute of limitations, by a reliance on the laches and gross negligence indicated by not having instituted these proceedings at an earlier period; and undoubtedly the mere lapse of time, which has been truly said to obscure all human testimony, may sometimes be a bar to the…
2Cases cited2 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Bank of the United States v. Waggener and OthersSupreme Court of the United States · 1835
3Cited by3 opinions
- Union Nat. Bank v. Lavacota Oil & Gas Co.Supreme Court of Oklahoma · 1923
- Gerwin v. ClarkOhio Court of Appeals · 1977
- Elstner v. FifeOhio Supreme Court · 1877