Sturges v. Longworth
Ohio Supreme Court
This is a bill of review reserved in the district court in Hamilton-county. The case sufficiently appears in the opinion of the court. Alonzo W. Anderson is a proper party with Josiah R. Sturges, and is saved by his disability. Kennedy’s Heirs v. Duncan, Hardin, 365; Mathew’s Heirs v. Mathews, 12 Ohio, 351; Mease v. Keefe, 10 Ohio, 362; Story’s Eq.
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This is a bill of review reserved in the district court in Hamilton-county. The case sufficiently appears in the opinion of the court. Alonzo W. Anderson is a proper party with Josiah R. Sturges, and is saved by his disability. Kennedy’s Heirs v. Duncan, Hardin, 365; Mathew’s Heirs v. Mathews, 12 Ohio, 351; Mease v. Keefe, 10 Ohio, 362; Story’s Eq. PI. sec. 409; Montgomery v. Brown, 2 Gilman, 581; 3 Dana, 32; Id. 300. In the outset, error was committed in this, that the lunatic de-fendant was only brought into court by publication in a newspaper printed in Hamilton county. 2 Schoales & Lefr.…
1Opinion of the CourtCaldwell, J.
The bill of review was filed on the 10th of June, .1847. The proceeding sought to be reviewed, commenced March 5, 1837, was a bill in chancery filed by Longworth & Horne, for the purpose of foreclosing a mortgage given by Sturges & Anderson, to them, on a tract of land adjoining the city of Cincinnati. The mortgage was given to secure four promissory notes for $1,788 each, •dated 4th January, 1837, given by Sturges and Anderson, for the purchase-money of the mortgaged premises. The bill alleges that the first of these notes has become due and is unpaid, and prays *470for a decree of payment or…
2Cases cited5 opinions
- Marsteller and Others v. McCleanSupreme Court of the United States · 1812
- Henly ex rel. Marshall v. GoreCourt of Appeals of Kentucky · 1836
- Beeler v. BullittCourt of Appeals of Kentucky · 1815
- Coleman v. Commissioners of the Lunatic AsylumCourt of Appeals of Kentucky · 1845
- Ullery v. Blackwell's HeirsCourt of Appeals of Kentucky · 1835