Lessee of White v. Sayre
Ohio Supreme Court
This was an ejectment, and came before the court upon a case agreed, adjourned from Greene county. The facts material to be reported, are these: The defendant was in possession of a tract of land which had been the property of his former wife, by whose death it had descended in parcenary to her eight brothers and sisters ; with one of the latter the defendant had again intermarried.
Read the full summary
This was an ejectment, and came before the court upon a case agreed, adjourned from Greene county. The facts material to be reported, are these: The defendant was in possession of a tract of land which had been the property of his former wife, by whose death it had descended in parcenary to her eight brothers and sisters ; with one of the latter the defendant had again intermarried. By a judicial proceeding in the court of common pleas, partition had beer made and a separate part assigned to each by metes and bounds. The lessor of the plaintiff purchased the separate right allotted to three…
1Dissent
Judge Burnet’s
dissenting opinion:
As I have not been able to join in the opinion expressed by a majority of the court in this case, I will present, as concisely as possible, the view I have taken of the subject.
The defendant is in possession of a tract of land containing one hundred and fifty-six acres, which was the property of his former wife, who died intestate, without having had issue, leaving eight brothers and sisters her heirs at law. The defendant has since intermarried with a surviving sister, being one of the heirs of his former wife.
By order of the court of common pleas, the land…
2Cases cited2 opinions
- Porter v. HillMassachusetts Supreme Judicial Court · 1812
- Davis's lessee v. WhitesidesCourt of Appeals of Kentucky · 1809