Legal Opinion

Lessee of Thompson's Heirs v. Green

Ohio Supreme Court

Decided December 15, 1854Published

Ejectment. Reserved in Licking county. The facts appear in the following agreed statement: “ It is agreed by the parties to submit the trial of the issues, joined in this case, to the court, on the following agreed statement •of facts: “ First. It is agreed that the plaintiff has no complete paper title. “ Second.

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Ejectment. Reserved in Licking county. The facts appear in the following agreed statement: “ It is agreed by the parties to submit the trial of the issues, joined in this case, to the court, on the following agreed statement •of facts: “ First. It is agreed that the plaintiff has no complete paper title. “ Second. That as to all of the lessors of the plaintiff, except John :Smith and Rhoda his wife, the defendants, by reason of their continued possession for more than twenty-one years before the commencement of this suit, are entitled to recover, and that the plaintiff, except as to the said…

1Opinion of the CourtRanney, J.

A majority of the court concur in the opinion that the law applicable to the facts of this case, requires a judgment for the defendant.

*It appears from the agreed statement of facts that he has

been in the adverse occupancy of the lands for more than twenty-one years before the commencement of this suit; and the only question presented is, can an action of ejectment be'maintained, on the *223■demise of husband and wife, to recover possession of her lands, after such a lapse of adverse enjoyment ? That he is conclusively barred, and that no action could be sustained on his demise alone, is…

2Cases cited6 opinions

  1. Gill & Simpson v. Fauntleroy's HeirsCourt of Appeals of Kentucky · 1847
  2. Chiles v. JonesCourt of Appeals of Kentucky · 1836
  3. Watson v. WatsonSupreme Court of Connecticut · 1834
  4. Neal v. RobertsonCourt of Appeals of Kentucky · 1834
  5. Downing's Heirs v. FordCourt of Appeals of Kentucky · 1840

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