McClaskey v. Barr
U.S. Circuit Court for the District of Southern Ohio
In Equity. Bill for partition. On motion to stay proceedings until complainants establish their title at law. This is a bill for the partition of 161.4 acres of land situate on Price hill, within the corporate limits of the city of Cincinnati. There are between two and three hundred defendants, but, the contested questions being common to all, they are to be heard upon the answers of William Henry Elder, archbishop of Cincinnati and trustee of Ht.
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In Equity. Bill for partition. On motion to stay proceedings until complainants establish their title at law. This is a bill for the partition of 161.4 acres of land situate on Price hill, within the corporate limits of the city of Cincinnati. There are between two and three hundred defendants, but, the contested questions being common to all, they are to be heard upon the answers of William Henry Elder, archbishop of Cincinnati and trustee of Ht. St. Marys’ Seminary, and of John Keeshdn. The caúse is no.w before the court upon the defendants’ motion to suspend further proceedings until the…
1Opinion of the Court
Sage, J.,
(after stating the facts as above.) The contention of counsel for the defendants in support of their motion, that a suit in equity for partition is not an appropriate proceeding to try title to property, and, when the complainant’s title is legal and is disputed, the bill will be dismissed, or proceedings stayed until he establish his title at law, was recognized by tins court in McClaskey v. Barr, 40 Fed. Rep. 563. That adverse possession ripens into title, and that in all cases the title vests as soon as the remedy against the adverse holder is barred by the statute of limitations,…
2Cases cited9 opinions
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- Leffingwell v. WarrenSupreme Court of the United States · 1862
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Croxall v. ShererdSupreme Court of the United States · 1867
- Wilkin v. WilkinNew York Court of Chancery · 1814
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3Cited by1 opinion
- Brown v. DavisHawaii Supreme Court · 1912