McClaskey v. Barr
U.S. Circuit Court for the District of Southern Ohio
In Equity, The bill is for the partition of 161 4-10 acres of land, situate on Price’s Hill, in the city of Cincinnati, county of Hamilton, and state of Ohio. The complainants claim to be seised in fee of one undivided fifth part of said land, and that those of the defendants who are in possession, being nearly 300 in number, are without claim or color of title as against them; wherefore they pray for partition, and for an accounting of rents and profits.
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In Equity, The bill is for the partition of 161 4-10 acres of land, situate on Price’s Hill, in the city of Cincinnati, county of Hamilton, and state of Ohio. The complainants claim to be seised in fee of one undivided fifth part of said land, and that those of the defendants who are in possession, being nearly 300 in number, are without claim or color of title as against them; wherefore they pray for partition, and for an accounting of rents and profits. The bill sets forth that upon the death, on November 27, 1821, of Mary Jane Barr, who was seised in fee of said premises under the will of…
1Opinion of the Court
Sage, J.,
(after stating the facts as above.) The first defense that will be noticed is the statute of limitations. That was fully considered in the case reported in 42 Fed. Rep. 609. We see no reason for reconsidering or modifying the opinion there expressed, adverse to this defense. The death of Maria Bigelow occurred, it appears from the record, August 3, 1860. As was stated in the opinion above cited, no conveyance made by her could be the foundation of a claim to adverse possession during her life-tenancy, because the right of possession did not, until her death, vest in the heirs of Mary…
2Cases cited22 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- McCormick v. SullivantSupreme Court of the United States · 1825
- Doe v. ConsidineSupreme Court of the United States · 1868
- Fletcher v. FullerSupreme Court of the United States · 1887
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
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3Cited by2 opinions
- William Firth Co. v. South Carolina Loan & Trust Co.Court of Appeals for the Fourth Circuit · 1903
- Osborne v. RamsayCourt of Appeals for the Ninth Circuit · 1911