Lessee of Allen v. Orris Parish
Ohio Supreme Court
This cause, came before the court upon a motion for a new trial, made by the plaintiff in an action of ejectment, and was adjourned from Eranklin county. The plaintiff claimed title as heir at law, under his father, G-. W. Allen, who deduced title from John Allen. The defendant, to protect his possession, gave in evidence a deed of mortgage from the executor of Gr.
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This cause, came before the court upon a motion for a new trial, made by the plaintiff in an action of ejectment, and was adjourned from Eranklin county. The plaintiff claimed title as heir at law, under his father, G-. W. Allen, who deduced title from John Allen. The defendant, to protect his possession, gave in evidence a deed of mortgage from the executor of Gr. W. Allen to John Langdon, dated September 18, 1805, and offered also in evidence certain judicial proceedings had in the county of Franklin, where the lands lie, upon the mortgage, under which the lands were sold by the sheriff on…
1Opinion of the Court
Opinion of the court, by
Judge Sherman:
This case depends upon the title of the defendants to the premises in controversy, and that title upon the sufficiency of certain proceedings had upon a mortgage from G-. W. Allen, the ancestor of the lessor of the plaintiff, and from whom both parties derive title, to J. Langdon, dated September 18, 1805. At the February term, 1809, of the courtof common pleas for the county of Franklin, a judgment was obtained upon sci. fa. upon this mortgage, and execution sued out againát the mortgaged premises, a sale made thereof by the sheriff, who conveyed to the…
2Cases cited5 opinions
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
- Hayden v. DunlapCourt of Appeals of Kentucky · 1813
- Palmer v. LorillardNew York Supreme Court · 1819
- Lessee of Patrick v. OosteroutOhio Supreme Court · 1822
3Cited by9 opinions
- In re TownsendOhio Supreme Court · 1990
- In re WilliamsonPaulding County Court of Common Pleas · 1969
- Myers v. Hadsell Chem. Processing, L.L.C.Ohio Court of Appeals · 2019
- Freedom Mtge. Corp. v. MilhoanOhio Court of Appeals · 2014
- State v. CassOhio Court of Appeals · 1991
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