Lessee of Moore v. Armstrong
Ohio Supreme Court
This is an action of ejectment, on an agreed case, from the county of Ross. The declaration is upon a joint demise from the heirs of Porgus Moore. 12] *On the trial, the legal title was shown to be in the lessors of the plaintiff. The defendants then proved an adverse possession in themselves of more than twenty-one years. The plaintiff then showed that.Mrs. Fleming, one of his lessors, had been a feme covert ever since the adverse possession commenced.
Read the full summary
This is an action of ejectment, on an agreed case, from the county of Ross. The declaration is upon a joint demise from the heirs of Porgus Moore. 12] *On the trial, the legal title was shown to be in the lessors of the plaintiff. The defendants then proved an adverse possession in themselves of more than twenty-one years. The plaintiff then showed that.Mrs. Fleming, one of his lessors, had been a feme covert ever since the adverse possession commenced. Thus two questions are made: I. Whether the disability of Mrs. Fleming protects her co-heirs against the bar of the statute. II. If not,…
1Opinion of the CourtGrimke, J.
Does the disability of Mrs. Fleming prevent the statute from running, not only as to herself, but as to all the other lessors, is the first question. And whatever doubt may once have been entertained on this subject, it is 'now conclusively settled, 14] both in Great Britain and the United States, *that the statute is saved in favor only of the person laboring under the alleged disability. This is the rule with respect both to coparceners and tenants in common. In Jackson v. Perry, 4 D. & E. 516, where the question was whether the statute would run against all the joint plaintiffs, if any of…
2Cases cited5 opinions
- Marsteller and Others v. McCleanSupreme Court of the United States · 1812
- Rowan v. Shapard, Stevens & Co.Court of Appeals of Texas · 1884
- Baldwin v. BiersdorferIndiana Superior Court · 1871
- Sanford v. ButtonSupreme Court of Connecticut · 1810
- Jackson ex dem. Fitzroy v. SampleNew York Supreme Court · 1800
3Cited by2 opinions
- Bohlman v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1876
- Walker v. StetsonOhio Supreme Court · 1862