Lessee of Eggleston v. Bradford
Ohio Supreme Court
This is an action of ejectment, from the county of Hocking. The plaintiff’s title depends upon four deeds: 1. Abel Hine to Enos Warner. 2. Enos Warner to Nohemiah Sleeper. 3. Nebemiah Sleeper to Joseph Wood and George Peterson. 4. Josoph Wood and George Peterson to Benjamin Eggleston.
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This is an action of ejectment, from the county of Hocking. The plaintiff’s title depends upon four deeds: 1. Abel Hine to Enos Warner. 2. Enos Warner to Nohemiah Sleeper. 3. Nebemiah Sleeper to Joseph Wood and George Peterson. 4. Josoph Wood and George Peterson to Benjamin Eggleston. To all these objections are offered: 1. Hine assumed to convey to Warner “ one full share of land in the Ohio Company’s purchase, including all the lots in my name, in two several tracts, etc., standing in the name of Putnam and others, in trust for the Ohio Company.” It is objected that section 32, the land in…
1Opinion of the CourtLane, C. J.
A preliminary question is made on a motion to strike out a demise. The title of the plaintiff is traced by a series of deeds through Enos Warner, and on leave of amendment, to *316avoid objections raised to the conveyance of Warner to him, he counts on a demise of Warner, which the defendant moves to strike out. „
This practice of permitting the plaintiff to count on the demise of any former owner in his chain of title has to some extent prevailed in this state; but has never been sanctioned by our courts; and the authorities cited by the defendant’s counsel show that no title should avail in this…
2Cited by10 opinions
- Hammock v. Loan & Trust Co.Supreme Court of the United States · 1882
- Weiss v. PorterfieldOhio Supreme Court · 1971
- Ex Parte WhitehouseCourt of Criminal Appeals of Oklahoma · 1909
- Howard Savings Institution v. Mayor of NewarkSupreme Court of New Jersey · 1899
- Hamilton v. Steamboat R. B. HamiltonOhio Supreme Court · 1866
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