Anderson v. Commissioners of Hamilton County
Ohio Supreme Court
Error to the district court of Hamilton county. The original petition states that Elizabeth Anderson, wife of Jordan Anderson, is in possession of, and seized of a perpetual leasehold estate, in the land along the north bank of the Whitewater canal (describing it), which is claimed by the county commissioners as a site for a county road.
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Error to the district court of Hamilton county. The original petition states that Elizabeth Anderson, wife of Jordan Anderson, is in possession of, and seized of a perpetual leasehold estate, in the land along the north bank of the Whitewater canal (describing it), which is claimed by the county commissioners as a site for a county road. That the latter are endeavoring to obtain possession 'thereof, for the purpose of using it as a prolongation of the lower river road, and that by the procurement and consent of the said commissioners, the Ohio and Mississippi railroad company have entered…
1Opinion of the CourtGholson, J.
The controversy between the parties, as-shown by the pleadings, is, whether a piece of land shall be taken, and used as a public road. It is claimed on the one side, that there is a title to real estate, which it is sought to-disturb, by an illegal appropriation to a public use; and on-*642the other side, that there has been a legal appropriation. 'The remedy sought, is an injunction to restrain the occupation of the land, and its appropriation to the purpose intended.
When a party is in possession of real estate, which those professing to act under public authority are about to enter upon and…
2Cases cited5 opinions
- Harrington v. PeopleNew York Supreme Court · 1849
- Lamar v. Commissioners' Court of Marshall CountySupreme Court of Alabama · 1852
- Suydam v. KeysNew York Supreme Court · 1816
- Arnold v. FlatteryOhio Supreme Court · 1831
- Harding v. Trustees of New Haven Twp.Ohio Supreme Court · 1827