Allen v. Everly
Ohio Supreme Court
Appeal. Reserved in tbe District Court of Pickaway county. Marion B. Allen, Sarali Barnett, and Virginia Vaile, one-of whom is the child and the others the grand children of Samuel Barnett, deceased, brought their action in the Court, of Common Pleas of Pickaway county against Adam Everly and six other defendants, some of whom are children and the others the grand children of Adam Everly, Sen.,, deceased. 'The plaintiffs aver in their petition that they are the owners in fee…
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Appeal. Reserved in tbe District Court of Pickaway county. Marion B. Allen, Sarali Barnett, and Virginia Vaile, one-of whom is the child and the others the grand children of Samuel Barnett, deceased, brought their action in the Court, of Common Pleas of Pickaway county against Adam Everly and six other defendants, some of whom are children and the others the grand children of Adam Everly, Sen.,, deceased. 'The plaintiffs aver in their petition that they are the owners in fee simple, and are in possession of a quarter-section of land in said county; that the defendants pretend to have some…
1Opinion of the CourtDay, C. J.
The plaintiffs claim to be the owners of the-land in question, and seek to enjoin the defendants from setting up a claim thereto. Both parties claim title from Samuel Barnett — the plaintiffs as his heirs, and the defendants by deed of mortgage from him to Adam Everly, their testator.
On the 8th day of October, 1818, Samuel Barnett, being* the owner of the land, conveyed it to Adam Everly by deed, conditioned to be void on payment of $2,426 within five-years. In September, 1823, Barnett died, intestate, leaving Catharine Barnett, his widow, and á family of children living on the land. The wife…
2Cases cited4 opinions
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- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Morey v. . Farmers' Loan and Trust Co.New York Court of Appeals · 1856
- Bailey v. JacksonNew York Supreme Court · 1819