Sloane v. McConahy
Ohio Supreme Court
This case was adjourned here for decision from the county of Wayne. It was an action of trespass, and stood upbn a ease agreed. The defendant entered upon the premises, by order of the corporation of the town of Wooster, to repair certain conduits laid through the lands of the plaintiff.
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This case was adjourned here for decision from the county of Wayne. It was an action of trespass, and stood upbn a ease agreed. The defendant entered upon the premises, by order of the corporation of the town of Wooster, to repair certain conduits laid through the lands of the plaintiff. The facts agreed are as follows: On May 13, 1811, John Beaver, William Henry, and Joseph H. Larwell, proprietors of the town of Wooster, in the county of Wayne, executed a bond to the commissioners of said county that thereafter might be appointed or elected, and their, successors, in the penal sum of seven…
1Opinion of the Court
By the Court :
This bond is not a grant, but a covenant. It contains none of the formalities which the wisdom of ages has settled as necessary to convey real estate. The covenant against incumbrance is an accidental phraseology, borrowed from the usual term in a common law conveyance, and can not, upon any principle, be construed into a grant. No acknowledgment appears upon the instrument ; and this is made necessary by statute, in order to constitute a complete deed of conveyance. Roads v. Symmes, 1 Ohio, 281; Lessee of'Johnston v. Haines, 2 Ohio, 55. But giving the conditions of this bond…
2Cases cited2 opinions
- Hornbeck v. WestbrookNew York Supreme Court · 1812
- Barker v. WoodMassachusetts Supreme Judicial Court · 1812