Lessee of Morgan v. Burnet
Ohio Supreme Court
This is a writ of error to the Supreme Court for Hamilton county. The original action was commenced in the court of common pleas of Hamilton county, for the recovery of a quarter section of land, where judgment was given for the defendant below, and the defendant in error. The case was taken to the supreme court on error, where the judgment of the common pleas was affirmed, and this writ is prosecuted to reverse the judgment of the supreme court.
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This is a writ of error to the Supreme Court for Hamilton county. The original action was commenced in the court of common pleas of Hamilton county, for the recovery of a quarter section of land, where judgment was given for the defendant below, and the defendant in error. The case was taken to the supreme court on error, where the judgment of the common pleas was affirmed, and this writ is prosecuted to reverse the judgment of the supreme court. The bill of exceptions is very voluminous, and presents numerous questions, the errors assigned being fifteen in number, but so much only will be…
1Opinion of the CourtAvery, J.
Enoch Morgan, a citizen of Massachusetts, came out to Ohio sometime previous to the 8th of February, 1803, and on that day purchased of Jacob Burnet, James Findlay, and William McMillan, the tract of land now in controversy. He took a deed in fee simple for the land, and at the same time executed to the grantors a bond and mortgage, to secure the payment of §320. He returned soon afterwards to Massachusetts, and died there on the 7th of January, 1804, leaving three children his only heirs. The mortgage debt remaining unpaid, a bill to foreclose the equity of redemption was filed in the court…
2Cases cited3 opinions
- Harvey v. BrownOhio Supreme Court · 1824
- McArthur v. PorterOhio Supreme Court · 1823
- McCoy & Culbertson v. President of Bank of United StatesOhio Supreme Court · 1832
3Cited by20 opinions
- Rogers v. WolfeSupreme Court of Missouri · 1890
- Donvito v. CriswellOhio Court of Appeals · 1982
- Koster v. BoudreauxOhio Court of Appeals · 1982
- In Re ThomasUnited States Bankruptcy Court, N.D. Ohio · 1981
- Packet Co. v. BellvilleWest Virginia Supreme Court · 1904
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