Lessee of Miles v. Fisher
Ohio Supreme Court
This is an action of ejectment on an agreed state of facts, from the county of Cuyahoga. The plaintiff claims as one of the heirs at law of Daniel Miles. The defendants set up title in themselves under the will of Daniel Miles. In 1825, the testator devised his estate, real and personal, to 2] three of his friends, and to the survivors or survivor, as *joint tenants, and not as tenants in common, in trust, and for the following uses: I. To pay debts. II.
Read the full summary
This is an action of ejectment on an agreed state of facts, from the county of Cuyahoga. The plaintiff claims as one of the heirs at law of Daniel Miles. The defendants set up title in themselves under the will of Daniel Miles. In 1825, the testator devised his estate, real and personal, to 2] three of his friends, and to the survivors or survivor, as *joint tenants, and not as tenants in common, in trust, and for the following uses: I. To pay debts. II. To pay certain pecuniary legacies to his mother, brothers, and sisters. III. To pay an annuity of five dollars to the library society of…
1Opinion of the CourtLane, C. J.
Much industry and learning have been devoted to the investigation of the various questions arising in this case, and the time probably will come, which will render their examination necessary. But in an action of ejectment, regarding legal titles only, it will not be required to enter upon this widely extended field. For the charity may subsist, and cling to the land, whether the legal title be held by the trustees or the heir; or the charity may be void and unsustainable, and the beneficial trust inure to the heir, while the trustees retain a good estate at law. The questions therefore…
2Cited by15 opinions
- Insurance Co. v. DunnSupreme Court of the United States · 1874
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- Akerly v. VilasWisconsin Supreme Court · 1869
- Burson v. National Park BankIndiana Supreme Court · 1872
- Texas v. LewisUnited States Circuit Court · 1882
10 more not listed; retrieve them via the Exa API.