Carpenter v. Denoon
Ohio Supreme Court
Error to the Court of Common Pleas of Pickaway county. Reserved in the district court. The original action was brought by defendants in error ¡against plaintiff in error, on the 9th day of May, 1868, in the Court of Common Pleas of Pickaway county, to recover the possession of a tract of land situate in said county, containing about 142 acres. The defendant below filed his answer in the action denying title in the plaintiffs, and asserting title in himself.
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Error to the Court of Common Pleas of Pickaway county. Reserved in the district court. The original action was brought by defendants in error ¡against plaintiff in error, on the 9th day of May, 1868, in the Court of Common Pleas of Pickaway county, to recover the possession of a tract of land situate in said county, containing about 142 acres. The defendant below filed his answer in the action denying title in the plaintiffs, and asserting title in himself. It is admitted in the pleadings that one Thomas Pemberton, deceased, is the common source of title. The plaintiffs ■claim title as…
1Opinion of the CourtMcIlvaine, J.
The property in controversy being situate in this state, it is conceded that the rights of the plaintiffs below, who claim under the will of Thomas Pemberton, must be determined under the laws of this state and not by the laws of Virginia, where the will was made.
It is also conceded that the wills act of 1824(2 Chase, 1305), which was in force at the death of the testator, required that wills disposing of property in this state, but executed and proved in a sister state, should be executed in conformity with the statute of this state. Bailey v. Bailey, 8 Ohio, 245; 17 Ohio St. 181.
1. The…
2Cases cited4 opinions
- Poole v. Lessee of FleegerSupreme Court of the United States · 1837
- Lessee of Williams v. VeachOhio Supreme Court · 1848
- Robinson v. MillerCourt of Appeals of Kentucky · 1840
- Rogers v. MooreSupreme Court of Connecticut · 1836
3Cited by24 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Bielat v. BielatOhio Supreme Court · 2000
- Scott v. HawkSupreme Court of Iowa · 1898
- Wells v. Twenty-First Street Realty Co.Court of Appeals for the Sixth Circuit · 1926
- Nixon v. SnellbakerSupreme Court of Iowa · 1912
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