Schlief v. Hart
Ohio Supreme Court
Motion for leave to file a petition in error to the District. Court of Lorain county. The original action was brought in the Court of Common Pleas of Lorain county, by the defendant in error against the plaintiff in error, to recover the possession of a strip of land. The real controversy related to the location of a division line.
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Motion for leave to file a petition in error to the District. Court of Lorain county. The original action was brought in the Court of Common Pleas of Lorain county, by the defendant in error against the plaintiff in error, to recover the possession of a strip of land. The real controversy related to the location of a division line. The parties were severally the owners of adjacent parcels of land situate in a subdivision of section 17, in Carlisle township, in said county, designated and known as the southwest division of said section. This section, as well as section 14 on the north and…
1Opinion of the CourtMcIlvaine, J.
There is no doubt, that the deed from Albert Ely to Thomas Graham, under which the plaintiff derived title, should, upon its face, be constraed as a conveyance of the east half of the southwest division of section 17, to be ascertained by strict measurement. But, in our judgment, the terms of the description in the deed arc such as may be applied to a parcel of land either greater or less in quantity than the exact half of the division. • Ex*154trinsic evidence, whereby the land described is identified, whether it be more or less than the mathematical half, does not contradict, vary, or explain…
2Cited by4 opinions
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