Lessee of Patrick v. Oosterout
Ohio Supreme Court
The lessee of the plaintiff claimed under a sheriff’s deed. In the year 1815, Norman Patrick obtained a judgment in the court of common pleas, against Oosterout, and took out execution, which was levied on one hundred acres of land belonging to the defendant. The sheriff returned an appraisement which did not identify the land in any other manner than by stating the same to be “ one hundred acres of land where G-. Oosterout lived.”
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The lessee of the plaintiff claimed under a sheriff’s deed. In the year 1815, Norman Patrick obtained a judgment in the court of common pleas, against Oosterout, and took out execution, which was levied on one hundred acres of land belonging to the defendant. The sheriff returned an appraisement which did not identify the land in any other manner than by stating the same to be “ one hundred acres of land where G-. Oosterout lived.” It did not appear by the appraisement that the freeholders were sworn. Two questions were submitted to the court: First. Is it necessary under a sheriff’s deed to…
1Opinion of the Court
By the Court.
The question presented in this case is an important one, as it may involve property to a large amount; but we are not at liberty to dispense with a legislative provision, whatever may be the consequence of enforcing it. It is our duty to inquire what the law is in this, as in every other case, and having ascertained it, we can not turn to the right hand or to the left. The inconvenience or hardship of the case we can not remedy, however we may regret it. The defendant’s counsel have placed the question on its true ground, that a man can not be legally deprived of his estate…
2Cited by1 opinion
- Lessee of Allen v. Orris ParishOhio Supreme Court · 1827