Lessee of Perkins v. Dibble
Ohio Supreme Court
This is an action of ejectment from the county of Ashtabula. On the trial, the plaintiff, in order to sustain his title, proved that in the years 1815 and 1816 one Ebenezer Doty was in possession of the premises in controversy, being parts of lots 8 and 9 in the township of Ashtabula, in said county of Ashtabula, containing 100 acres, and offered in evidence a deed from Ebenezer Doty to A. Harman, dated Juno 25, 1816, and a deed *from Har- [434 man and wife to Judith…
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This is an action of ejectment from the county of Ashtabula. On the trial, the plaintiff, in order to sustain his title, proved that in the years 1815 and 1816 one Ebenezer Doty was in possession of the premises in controversy, being parts of lots 8 and 9 in the township of Ashtabula, in said county of Ashtabula, containing 100 acres, and offered in evidence a deed from Ebenezer Doty to A. Harman, dated Juno 25, 1816, and a deed *from Har- [434 man and wife to Judith Yeomans, dated August 29, 1817, both covering the same land, and to which there was no objection. The plaintiff next proved the…
1Opinion of the CourtHitchcock, J.
There is no controversy about the facts in this case. Although not placed before the court in the shape of an agreed statement, still there is no contradiction in the testimony. 487] The facts are fully set forth in the statement of *the case, and the questions thereon will be considered in the ordor in which they naturally arise.
The only defect in the plaintiff’s proof as making a prima facie case, is supposed to be in the sheriff’s deed of November 22, 1836
This deed is objected to on two grounds: 1. That there was no evidence given of a judgment or levy; and 2. That it does not contain the…
2Cases cited8 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Jackson ex dem. Barclay v. BlodgetNew York Supreme Court · 1825
- Gray v. JenksU.S. Circuit Court for the District of Maine · 1825
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- Maholm v. MarshallOhio Supreme Court · 1876
- Shepherd v. Baltimore & Ohio RailroadSupreme Court of the United States · 1889
- Simon v. Union Trust Co.Ohio Supreme Court · 1933
- Butzman v. WhitbeckOhio Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.