Jordan v. Breece Manufacturing Co.
Ohio Supreme Court
Error to the Circuit Court of Scioto county. On the 24th day of July, 1889, the board of trade of the city of Portsmouth, Ohio, purchased from the heirs of John Rhodes a part of what was known in that vicinity as the “Rhodes farm,” which farm lies directly east and contiguous to a farm then owned by John G. Peebles.
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Error to the Circuit Court of Scioto county. On the 24th day of July, 1889, the board of trade of the city of Portsmouth, Ohio, purchased from the heirs of John Rhodes a part of what was known in that vicinity as the “Rhodes farm,” which farm lies directly east and contiguous to a farm then owned by John G. Peebles. The amount of land purchased consisted of 6.24 acres of land 90 feet south of the C, W. & B. tracks (which run through both of the above-named farms) and north of the Ohio river, and bounded on the west by the Peebles farm, also a strip of ground 30 feet wide on the west side of…
1Opinion of the CourtDonahue, J.
There is no conflict of evidence in this record upon any point material to the disposition of this case. The only question presented by the record is whether at the time Peebles repurchased this tract of land from The Yellow Poplar Lumber Company this roadway that was then being used by The Yellow Poplar Lumber Company over its own property was a way appurtenant to the 3-acre tract. This claim cannot be sustained upon any theory of right reasoning. This land was owned by The Yellow Poplar Lumber Company and its predecessors in title in fee simple. That it devoted this tract to road purposes…
2Cited by36 opinions
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- Sullivan v. State Ex Rel. O'ConnorOhio Supreme Court · 1932
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