Witte v. Lockwood
Ohio Supreme Court
Error to the District Court of Lorain county. In an action prosecuted by Philip Lockwood against Otto Witte, in the court of common pleas of Lorain county, to recover possession of a parcel of real estate, containing about 3,800 square feet, in that county, the only issue was with respect to the legal title, which issue was framed under the Civil Code, § 559, Rev. Stats. § 5782. No allusion was made in the pleadings or evidence to any mistake in any of the deeds in the chain…
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Error to the District Court of Lorain county. In an action prosecuted by Philip Lockwood against Otto Witte, in the court of common pleas of Lorain county, to recover possession of a parcel of real estate, containing about 3,800 square feet, in that county, the only issue was with respect to the legal title, which issue was framed under the Civil Code, § 559, Rev. Stats. § 5782. No allusion was made in the pleadings or evidence to any mistake in any of the deeds in the chain of title of either of the parties. Judgment was rendered in 1876, on the issue joined, in favor of Lockwood for the…
1Opinion of the CourtOkey, J.
The petition in this case contains allegations which, properly stated, would have constituted a good bill in *143chancery to reform the deeds, and lienee the petition is sufficient. Under the former practice, allegation and proof of such equitable title would not have been permitted in an action of ejectment, and hence it would have been necessary to resort to such a bill. But under the civil code “ the defendant may set forth in his answer as many grounds of defense, counter-claim and set-off as lie may have, whether they be such as have been heretofore denominated legal or equitable, or both”…
2Cases cited19 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Siemon v. . SchurckNew York Court of Appeals · 1864
- Bellinger v. CraigueNew York Supreme Court · 1860
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
- Schwinger v. . RaymondNew York Court of Appeals · 1880
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