Legal Opinion

Farmers' & Merchants' National Bank v. Wallace

Ohio Supreme Court

Decided May 10, 1887Published

Error to tbe District Court of Tuscarawas County. Nancy Wallace, defendant in error, filed her petition in the court of common pleas of Tuscarawas county, against Josejih Wallace and The Farmers’ and Merchants’ National Bank of Uhrieksville, O., setting forth among other things, that she was a daughter and one of the heirs at law of Jacob Uhrich, deceased, and was then the wife of Joseph Wallace, one of the defendants.

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Error to tbe District Court of Tuscarawas County. Nancy Wallace, defendant in error, filed her petition in the court of common pleas of Tuscarawas county, against Josejih Wallace and The Farmers’ and Merchants’ National Bank of Uhrieksville, O., setting forth among other things, that she was a daughter and one of the heirs at law of Jacob Uhrich, deceased, and was then the wife of Joseph Wallace, one of the defendants. That Jacob Uhrich died seized of large estates in lands, among which were certain lands — described in the petition — situated in the county of Tuscarawas, and being parts of…

1Opinion of the CourtDickman, J.

The controlling questions to be determined in the case under- consideration are, whether Joseph Wallace acquired any estate or interest in the lands described in the original petition, by the deeds to himself and his wife Nancy Wallace,, from Renjamin, Jacob and Joseph Uhrich, and Benjamin and Adam Ross; and whether the Farmers’ and Merchants’ National Bank, by virtue of the mortgage executed to it by Joseph Wallace, acquired a lien upon or interest in any portion of such lands. Nancy Wallace, defendant in error, at the death of her father Jacob Uhrich, sr. intestate, became entitled as one…

2Cases cited7 opinions

  1. Gilchrist v. GoughIndiana Supreme Court · 1878
  2. Woods v. FarmereSupreme Court of Pennsylvania · 1838
  3. Upton v. National Bank of South ReadingMassachusetts Supreme Judicial Court · 1876
  4. Buckmaster v. NeedhamSupreme Court of Vermont · 1850
  5. Dennison v. FosterOhio Supreme Court · 1839

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