Legal Opinion

Lanning v. Brown

Ohio Supreme Court

Decided June 30, 1911No. 12673Published

Error to the Circuit Court of Morrow county. On the 17th day of April, 1909, the defendant in error filed his petition against Satira M.. Levering et al., asking partition of certain real estate, part of which is situated in Knox county and part in Morrow county.

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Error to the Circuit Court of Morrow county. On the 17th day of April, 1909, the defendant in error filed his petition against Satira M.. Levering et al., asking partition of certain real estate, part of which is situated in Knox county and part in Morrow county. After the defendants were brought in, the petition was amended by making the plaintiff in error party defendant, and also alleging that the plaintiff, Victor E. Brown, while a minor eighteen years of age, had joined some of the defendants in executing deeds, by the terms of which he had conveyed his interest in said lands to the…

1Opinion of the CourtPrice, J.

It is important to keep in mind at least three dates — dates of events which are vitally involved in the consideration of this case. The deeds which were executed by Victor E. Brown for land he desires partitioned, were executed on the 12th day of March, 1888, when he was eighteen years of age. He arrived at his majority on the 24th day of October, 1890. The action now under review was commenced by him on the 17th day of April, 1909.

If he can now be relieved from the effect of the deeds made during his infancy, there is no doubt that he is entitled to partition as prayed for, because such…

2Cases cited7 opinions

  1. TUCKER v. MorelandSupreme Court of the United States · 1836
  2. Bool v. MixNew York Supreme Court · 1837
  3. Sims v. EverhardtSupreme Court of the United States · 1880
  4. Prout v. WileyMichigan Supreme Court · 1873
  5. Carrell v. PotterMichigan Supreme Court · 1871

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