Railway Co. v. Hutchins
Ohio Supreme Court
Error to the District Court of Cuyahoga county. The petition in this case avers that the said minors Joseph and Edward Barbour are owners in fee simple of a certain tract of land in Lake county, and then proceeds as follows: Said land, when owned by said minors, was thickly wooded with excellent timber, and was very valuable on that account; that all, or nearly all, of said timber, while said land was owned by said minors, was cut down and removed by persons now to this…
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Error to the District Court of Cuyahoga county. The petition in this case avers that the said minors Joseph and Edward Barbour are owners in fee simple of a certain tract of land in Lake county, and then proceeds as follows: Said land, when owned by said minors, was thickly wooded with excellent timber, and was very valuable on that account; that all, or nearly all, of said timber, while said land was owned by said minors, was cut down and removed by persons now to this plaintiff unknown, without any authority whatever, and the same taken, used, and possessed for its own benefit, without any…
1Opinion of the CourtWright, J.
We have not deemed it necessary to solve all the nice and difficult questions that relate to the -plaintiffs’ (Barbours’) title to this land. Whether or not they had the legal, they did also claim an equitable title, and there, was some evidence-to sustain the claim. This ques*575tion of fact was left to the jury, who found upon it for plaintiffs below. We are not clear that this finding was so palpably against the weight of evidence as to justify interference by us. We therefore assume that plaintiffs had title sufficient to maintain the action in that respect, and proceed to the second point,…
2Cases cited12 opinions
- Barton Coal Co. v. CoxCourt of Appeals of Maryland · 1873
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Betts v. LeeNew York Supreme Court · 1810
- Single v. SchneiderWisconsin Supreme Court · 1872
- Grund v. Van VleckIllinois Supreme Court · 1873
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