Carter v. Swan

*528OPINION

By EMMONS, J.

This is an action for declaratory judgment as to the ownership of a one acre plot of ground situated in Richfield, Ohio, and also for a determination of the rights of the parties herein.

In 1841 Orson M. and Lucretia S. W. Oviatt and John and Laura N. Newton signed an instrument, a part of which is as follows:

“Know all men by these presents, that we, John Newton and Laura Newton, his wife, and Orson M. Oviatt and Lucretia S. W. Oviatt, his wife, all of Richfield in Summit County, Ohio, for divers causes moving, especially for the sum of $1.00 and the public good, in…