Rennick v. Wallace
Ohio Supreme Court
Reserved in the county of Pickaway.. This is a case in-chancery, and the facts are as follows: On August 3, 1787, Benjamin Holmes caused entry No. 513 of 1,000 acres of land in the Virginia military district, and within what is now the county of Pickaway, to be made on a military land war rant. On November 23,1795, this entry was surveyed, and recorded in 1796. Previous to March, 1810, 200 acres of this survey was withdrawn, and has been located elsewhere.
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Reserved in the county of Pickaway.. This is a case in-chancery, and the facts are as follows: On August 3, 1787, Benjamin Holmes caused entry No. 513 of 1,000 acres of land in the Virginia military district, and within what is now the county of Pickaway, to be made on a military land war rant. On November 23,1795, this entry was surveyed, and recorded in 1796. Previous to March, 1810, 200 acres of this survey was withdrawn, and has been located elsewhere. In March, 1810, the residue of the entry was surveyed and recorded, amounting to 800 acres. This land from 1815 to 1823 was taxed in the…
1Opinion of the Court
Judge Hitchcock
delivered the opinion of the court:
This case was once before the court in a different shape, and the court then intimated an opinion that although these complainants could not defend at law, yot that in a proper case made, they might have relief in chancery. Lessee of Wallace v. Seymour and Rennick, 7 Ohio, 156. It may seem to be somewhat novel that a purchaser at a sale for taxes can acquire a right which can be enforced in equity, although he is defeated at law. But such a principle was recognized in the case cited, and it grew out of the peculiar phraseology of our statutes…
2Cited by2 opinions
- Wallace v. BrownSupreme Court of Arkansas · 1860
- In re the StateMichigan Supreme Court · 1885