Winton v. Cornish
Ohio Supreme Court
This was an ejectment, tried on the last circuit in Hamilton county. A verdict, by the direction of the court, was taken for the plaintiff; a motion was then made for a new trial, which was reserved for decision here.
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This was an ejectment, tried on the last circuit in Hamilton county. A verdict, by the direction of the court, was taken for the plaintiff; a motion was then made for a new trial, which was reserved for decision here. It was proved on the trial that the lessor was the owner in fee of a lot and house, at the northeast corner of Front and Sycamore streets, in Cincinnati; that the house was of several stories-in height, with a cellar underneath; that on August 29, 1830, he, ' by a lease, let to the defendant, for three years from the 14th of that month, “ the store-room and cellar thereunder in…
1Opinion of the CourtCollet, J.
The word land includes not only the face of the earth, but every-. thing under it or over it. He who owns a piece of land, therefore, is the owner of everything underneath in a direct line to the center of the earth and everything above to the heavens. No person can undermine or ovorhang another’s land without violating his rights. 2 B. C. 18. The owner, of the land can convey it, or the profits of it, for such terms and in such parcels as he thinks proper. He can grant the right to take all the minerals underneath, or those twenty feet below the surface only; to dig all the turf, to inhabit…
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