Lessee of Barton v. Heirs of Morris
Ohio Supreme Court
This is an Action of Ejectment, reserved in the County of Clermont. The declaration counts on the several demises of John Jolliffe and of Charlotte Barton, under whom he claims title, and on the joint' devise. of both, &c. The land in controversy is part of F; Ó: -Neil’s survey, No. 913, of which the plaintiffs’ lessors claim* nine undivided seventeenth parts of 99 acres.— The. defendants, .or heirs of Thomas Morris, claim title to the whole interest in the land.
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This is an Action of Ejectment, reserved in the County of Clermont. The declaration counts on the several demises of John Jolliffe and of Charlotte Barton, under whom he claims title, and on the joint' devise. of both, &c. The land in controversy is part of F; Ó: -Neil’s survey, No. 913, of which the plaintiffs’ lessors claim* nine undivided seventeenth parts of 99 acres.— The. defendants, .or heirs of Thomas Morris, claim title to the whole interest in the land. Or if they have not the title, they then claim that they are in. possession, with a legal right to maintain it, as against the…
1Opinion of the CourtBirchard, J.
Several questions of interest have been presented for our consideration in the argument at bar, and in the briefs of counsel. We shall notice them severally, especially those that seem to us conclusive of the rights of the parties.
One subject of great diversity of opinion among counsel, is presented by the deed of Canby and wife, executed in 1825. Plaintiffs’ counsel contend that it is defectively executed, inasmuch as the certificate of acknowledgment is insufficient. Were this so, it is difficult to see how it could affect this action. While Canby, the husband, lives, the right of…
2Cases cited2 opinions
- Brown v. FarranOhio Supreme Court · 1827
- Connell v. ConnellOhio Supreme Court · 1834
3Cited by37 opinions
- Morrill v. MorrillSupreme Court of Connecticut · 1910
- Kenner v. KennerTennessee Supreme Court · 1917
- Stone v. DuffyMassachusetts Supreme Judicial Court · 1914
- Corbett v. CorbettOhio Supreme Court · 1930
- Petitt v. LewisSupreme Court of Kansas · 1911
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