Taylor v. Thorn
Ohio Supreme Court
Motion for leave to file a petition in error'to reverse the judgment of the District Court of Greene county. In May, 1858, Elihu Thorn, as administrator of the estate of William Taylor, applied to the probate court of Greene county for an order to sell the real estate of his intestate to pay debts.
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Motion for leave to file a petition in error'to reverse the judgment of the District Court of Greene county. In May, 1858, Elihu Thorn, as administrator of the estate of William Taylor, applied to the probate court of Greene county for an order to sell the real estate of his intestate to pay debts. His petition set forth that the personal effects of the decedent only amounted to about thirteen dollars in value, and that the debts owing by the deceased amounted to about $1,500. Upon hearing, the order was allowed, and in its execution, the intestate having left a widow, Matilda Taylor, and…
1Opinion of the CourtBoynton, J.
It is suggested in argument that Mrs. Taylor has acquired title to the premises set apart as a homestead for her and her minor children, by reason of having occupied them, exclusively and continuously, for more than twenty-one years. But such possession could not have been adverse, so long as she had the legal right to occupy the premises as a homestead. Holt v. Lamb, 17 Ohio St. 374; Carpenter v. Denoon, ante, 379.
It is not claimed that the length of time required to bar the right of the owner to recover the possession has elapsed, since the minor children became of age, or the homestead…
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