Legal Opinion

Spiller v. Nye's Lessee

Ohio Supreme Court

Decided December 15, 1847PublishedCited by 15 opinions

*This is a writ of error, directed to the court of common pleas of Meigs county. The action below was ejectment. The facts of the case, and the questions presented for the consideration of the court, are disclosed in the following bill of exceptions Be it remembered that, on the trial of this cause,-the plaintiff having given in evidence the record of a judgment rendered in the court of common pleas of Meigs county at the October term, 1842, in favor of Hampton,' Smith &…

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*This is a writ of error, directed to the court of common pleas of Meigs county. The action below was ejectment. The facts of the case, and the questions presented for the consideration of the court, are disclosed in the following bill of exceptions Be it remembered that, on the trial of this cause,-the plaintiff having given in evidence the record of a judgment rendered in the court of common pleas of Meigs county at the October term, 1842, in favor of Hampton,' Smith & Co., against the defendant, an execution issued thereon, and levied upon lands by the following description : “A part of…

1Opinion of the Court

*Avery, J.

The charge of the court gives a construction to the deed, by which the north line,.that is directed to be run ninety-three rods, is extended to 149 rods and a fraction. The south line of the tract is extended in a still greater proportion; and the tract embraced, called forty acres, is made to contain sixty-four acres.

Was this construction right?—is the question. If followed by the jury, would it convey to the plaintiff no more land, than, under a just construction of his deed, belonged to him ? This, according to the evidence, is a sheriff’s deed. He is a public officer, and all…

2Cited by15 opinions

  1. Nebraska Wesleyan University v. Estate of GriswoldNebraska Supreme Court · 1925
  2. Taylor v. ThornOhio Supreme Court · 1876
  3. Irvine v. BankardU.S. Circuit Court for the District of Maryland · 1910
  4. Bray v. DarbyOhio Supreme Court · 1910
  5. CALVERT v. SWINFORDSupreme Court of Oklahoma · 2016

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