Lessee of Hart's Heirs v. Johnson
Ohio Supreme Court
This cause was tried on the last circuit in the county of Perry, .a verdict found for the plaintiff, and reserved for decision in this court on a motion for a new trial. *The ancestor of the plaintiff’s lessors, Thomas Hart, on [88 November 16, 1816, received a lease of the northeast quarter of section 16, granted by Congress, for the use of schools, in 1802. This quarter section contained one hundred and fifty-eight acres? then situated in the township of Pike, in the then…
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This cause was tried on the last circuit in the county of Perry, .a verdict found for the plaintiff, and reserved for decision in this court on a motion for a new trial. *The ancestor of the plaintiff’s lessors, Thomas Hart, on [88 November 16, 1816, received a lease of the northeast quarter of section 16, granted by Congress, for the use of schools, in 1802. This quarter section contained one hundred and fifty-eight acres? then situated in the township of Pike, in the then county of Pair-field, now county of Perry. The lease to Thomas Hart was executed by the trustees of said Pike township,…
1Opinion of the Court
Judge Wood
delivered the opinion of the court:
The plaintiff’s counsel, in evidence to the jury, in support of the plaintiff’s title, offered to read the lease. The defendant’s counsel objected to this evidence: 1. Because the lease conveyed an estate in fee simple, and not for ninety-nine years, renewable forever, in the words of the act; 2. Because the plaintiff had not shown the performance of all the conditions which the law im*92posed, before the trustees were authorized to make the lease, to-wit: that the consent of a majority of the inhabitants of Pike township had been obtained, in…
2Cited by3 opinions
- Johnson v. Powhatan Mining Co.Supreme Court of Virginia · 1920
- Marquette Orri Holdings, L.L.C. v. Ascent Resources-Utica, L.L.C.Ohio Court of Appeals · 2022
- Heller v. HawleyCuyahoga Circuit Court · 1905