Williams v. Mears
Ohio Superior Court, Cincinnati
General Term. — Proceeding in error to reverse a judgment rendered by Judge Gholson after a trial by jury at. special term. The errors assigned are these: 1. Exclusion of relevant and competent testimony; 2. Error in the charge; and, 8, Refusal to grant a new trial. The action was for the recovery of the possession of real estate and damages for its detention.
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General Term. — Proceeding in error to reverse a judgment rendered by Judge Gholson after a trial by jury at. special term. The errors assigned are these: 1. Exclusion of relevant and competent testimony; 2. Error in the charge; and, 8, Refusal to grant a new trial. The action was for the recovery of the possession of real estate and damages for its detention. The pleadings are in the simplest form, the petition stating that the plaintiff is entitled to possession which the defendant wrougfully withholds, and claiming damage for its detention; the answer merely denying these averments. The…
1Opinion of the CourtHoadly, J.
Upon the trial, at special term, the plaintiff proved that John Mears, the former owner of the premises in question, the father of the plaintiff and father-in-law of the defendant, conveyed the property in 1856 to Daniel H. Horne in fee simple upon certain trusts, hereafter more particularly to be considered; that Mr. Horne accepted the trust and acted under it; that he subsequently resigned, and the plaintiff was appointed his successor by the probate court, and thereupon Horne conveyed the premises, to the plaintiff to be held upon the trusts of the original deed from John Mears.
During the…
2Cases cited7 opinions
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Vrooman v. PhelpsNew York Supreme Court · 1807
- Dorr v. MunsellNew York Supreme Court · 1816
- Stokes v. JonesSupreme Court of Alabama · 1851
- Huston v. WilliamsIndiana Supreme Court · 1833
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