Benton v. Shafer
Ohio Supreme Court
Error to the Circuit Court of Delaware county. The defendant in error, Mary J. Sbafer, filed her petition in the Court of Common Pleas of Delaware county, against Daniel S. Benton, and the plaintiffs in error, Lewis Benton, Aaron Clover and Nancy Clover, asking for the foreclosure of a mortgage made to her October 28, 1882, by Daniel S. Benton, on the one undivided fourth part of 122| acres of land in Delaware county, Ohio, described in a deed dated August 9, 1878, from…
Read the full summary
Error to the Circuit Court of Delaware county. The defendant in error, Mary J. Sbafer, filed her petition in the Court of Common Pleas of Delaware county, against Daniel S. Benton, and the plaintiffs in error, Lewis Benton, Aaron Clover and Nancy Clover, asking for the foreclosure of a mortgage made to her October 28, 1882, by Daniel S. Benton, on the one undivided fourth part of 122| acres of land in Delaware county, Ohio, described in a deed dated August 9, 1878, from Phebe Benton to Lewis Benton and Daniel S. Benton, in which she conveyed to them the undivided half part thereof. The…
1Opinion of the CourtDickman, J.
The object of the suit in Union county was, to set aside the deed of conveyance, executed by Phebe Benton to Daniel S. Benton and Lewis Benton, of the tract of land in Delaware county, upon which Mary J. Shafer holds the mortgage in controversy, also, to recover the real property embraced in the mortgage, and to cause partition of the same to be made among the heirs of Phebe Benton. In the same suit, partition among the same heirs was sought *125of another tract of land, situated in Union county. The land in Union county is not a continuous and entire tract with the land in Delaware county, but…
2Cases cited3 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Hayden v. BucklinNew York Court of Chancery · 1842
- Carrington v. BrentsU.S. Circuit Court for the District of Kentucky · 1832