Mayhugh v. Rosenthal
Ohio Superior Court, Cincinnati
The finding, on which the judgment of the court below was founded, was as follows, viz: 1. That Geo. "W. Mayhugh, the plaintiff in case No. 24,037, was the owner in fee simple of the premises in question at the date of his departure from the State of Ohio, prior to January 1, 1856, and at the date of the reception of "the last information from him, prior to his return therefrom, which last information was received at a date not later than February 15,1859; that said. Geo.
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The finding, on which the judgment of the court below was founded, was as follows, viz: 1. That Geo. "W. Mayhugh, the plaintiff in case No. 24,037, was the owner in fee simple of the premises in question at the date of his departure from the State of Ohio, prior to January 1, 1856, and at the date of the reception of "the last information from him, prior to his return therefrom, which last information was received at a date not later than February 15,1859; that said. Geo. "W". Mayhugh never made any conveyance of said premises subsequent thereto. 2. That the defendants in No. 24,011, Clarissa…
1Dissent
Storer, J.,
dissentiente.
These actions, by consent of parties, have been tried upon the same evidence, and as they involve a common principle, they should be together determined upon the facts submitted to the court.
The testimony, as well as the admissions of the parties, are not in conflict, but, on the contrary, leave us in no doubt of the existence of these prominent facts: _
First. That Mayhugh was living with his wife and children in Cincinnati in the autumn of the year 1856, and that he owned, in fee simple, a dwelling house and lot of the value of $5,000, which was occupied as the family…
2Cases cited6 opinions
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
- Westcott v. CadyNew York Court of Chancery · 1821
- Gregory v. PaulMassachusetts Supreme Judicial Court · 1818
- Chapman v. LemonNew York Supreme Court · 1855
- Wagg's v. GibbonsOhio Supreme Court · 1855
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