Miller v. Stokely
Ohio Supreme Court
In chancery. Reserved in the District Court of Jefferson County. The complainants are John H. -Miller, and his wife Ann C. Miller, who is a daughter and heir at law of Thomas Stokely, deceased. The defendants are the other children and heirs at law of said deceased, including Samuel Stokely, a grantee as well as heir.
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In chancery. Reserved in the District Court of Jefferson County. The complainants are John H. -Miller, and his wife Ann C. Miller, who is a daughter and heir at law of Thomas Stokely, deceased. The defendants are the other children and heirs at law of said deceased, including Samuel Stokely, a grantee as well as heir. The object of the bill is to have the deed from Thomas Stokely and wife to Samuel Stokely, mentioned in the opinion of the court, declared to be subject to an express trust in favor of the grantors and their heirs, and to .compel Samuel Stokely to account as trustee. None of the…
1Opinion of the CourtBartley, J.
The determination of this case depends on a simple question of fact as to the existence of an express trust. On the 1st of June, 1821, about thirty years before the commencement of this suit, Thomas Stokely, in consideration of natural love and affection, and five thousand dollars acknowledged, by a receipt on the back of the deed to have been received, conveyed to the defendant, Samuel Stokely, being his only son, certain lands in Mercer and Butler counties, in the State of Pennsylvania. The deed, although somewhat peculiar in its phraseology and provisions, contains an absolute conveyance,…
2Cases cited1 opinion
- Fleming v. DonahoeOhio Supreme Court · 1831
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