Legal Opinion

Gibler v. Trimble

Ohio Supreme Court

Decided January 15, 1846PublishedCited by 41 opinions

These are four cases of bills of review, reserved in Highland county. The leading facts and the principles involved in each being tho same, they are all embraced in one decision. The decrees sought to be reversed in these cases were pronounced at court in bank in 1842. The same material facts are common to all the cases, and all will be considered together.

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These are four cases of bills of review, reserved in Highland county. The leading facts and the principles involved in each being tho same, they are all embraced in one decision. The decrees sought to be reversed in these cases were pronounced at court in bank in 1842. The same material facts are common to all the cases, and all will be considered together. The facts material to the decision of these cases are, in substance, these: One Archelaus Moon died in 1796, possessed of four Virginia military land warrants, Nos. 5,703, 5,704, 5,705, 5,706. He had two sets of children. To the one ho…

1Opinion of the CourtRead, J.

The proposition of fact stands thus: Kerr, being the legal owner of said four military land warrants, made sale of the land in dispute, received the purchase money, and the purchasers went into possession. The equitable title to these land warrants was in Moon’s devisees. The complainants were the purchasers from Kerr, without notice of the equitable interest. Being thus in possession, under such purchase, Moon’s devisees commenced suit against Kerr in the circuit court of the United States, to compel an assignment of said warrants, and all entries, locations, surveys, and interests in land…

2Cited by41 opinions

  1. Haller v. Borror Corp.Ohio Supreme Court · 1990
  2. Hanrick v. PatrickSupreme Court of the United States · 1886
  3. Center Ridge Ganley, Inc. v. StinnOhio Supreme Court · 1987
  4. State ex rel. Wright v. WeyandtOhio Supreme Court · 1977
  5. Edward A. Kemmler Memorial Foundation v. 691/733 East Dublin-Granville Road Co.Ohio Supreme Court · 1992

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