Klever v. Seawall
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. This was an action by.J. Hairston Seawall and others against ■J. M. Klever and Edmund Klever for the recovery of an undivided interest in certain lands, for mesne profits, and for partition. Jndgment was entered for the plaintiffs, by default, for the recovery of the land and the mesne profits, and for partition to be made by commission.
Read the full summary
In Error to the Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. This was an action by.J. Hairston Seawall and others against ■J. M. Klever and Edmund Klever for the recovery of an undivided interest in certain lands, for mesne profits, and for partition. Jndgment was entered for the plaintiffs, by default, for the recovery of the land and the mesne profits, and for partition to be made by commission. After the term at which such judgment was entered, defendants moved to set it aside, and also made an application for the allowance of the value of…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). Paragraph 6 of section 5019 of the Revised Statutes of Ohio provides that there may be united in one cause of action “claims to recover real property, with or without damages for the withholding thereof, the rents and *377profits of the same, and the partition thereof.” “The action for damages for withholding real property and for rents and profits,” under the Ohio Code, is the same as the action of trespass for mesne profits at common law. McKinney v. McKinney, 8 Ohio St. 423, 428. The amended petition united three canses of action—First, a suit for recovery of the…
2Cases cited9 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Phillips v. NegleySupreme Court of the United States · 1886
- St. Louis, Iron Mountain & Southern Railroad v. Southern Express Co.Supreme Court of the United States · 1883
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Collins v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1939
- Fullen v. FullenNew Mexico Supreme Court · 1915
- Doudell v. ShooCalifornia Supreme Court · 1911
- Gross Income Tax Division v. National Bank & Trust Co.Indiana Supreme Court · 1948
- Gianelli v. BriscoeCalifornia Court of Appeal · 1919
11 more not listed; retrieve them via the Exa API.