Lessee of Gray v. Askew
Ohio Supreme Court
This cause was adjourned here for decision, from the Supreme Court of Hamilton county. It was an ejectment, and came before the court upon a case agreed. The lessor of the plaintiff claimed under the devisees of Luther Kitchel, deceased, who died in Hamilton county, in the year 1805, having made a last will and appointed W. Brown and P. Kitchel his executors. The will was duly proved and the executors qualified.
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This cause was adjourned here for decision, from the Supreme Court of Hamilton county. It was an ejectment, and came before the court upon a case agreed. The lessor of the plaintiff claimed under the devisees of Luther Kitchel, deceased, who died in Hamilton county, in the year 1805, having made a last will and appointed W. Brown and P. Kitchel his executors. The will was duly proved and the executors qualified. At the time of the testator’s death he was indebted to Calvin Kitchel, who brought suit against the executors, and at August term, 1806, of the court of common pleas of Hamilton…
1Opinion of the Court
By the Court :
The sale of the decedent’s real estate, in this ease, must be sustained, if at all sustainable, upon one of two grounds. It must be-shown that the statute law of the state authorized it by a fair construction of its terms, or that a course of judicial decision has so sanctioned the mode of proceeding *as to give it the authority of law. If either of these two grounds can be satisfactorily established the sale is valid; if neither is tenable, it is inoperative.-
The judgment was rendered in August, 1806, the sale took place in December of the same year. The act of February, 1805,…
2Cases cited1 opinion
- Ridgway v. HaysU.S. Circuit Court for the District of District of Columbia · 1836
3Cited by4 opinions
- State ex rel. Fritts v. KuhlSupreme Court of New Jersey · 1889
- Wallis v. BoslerWyoming Supreme Court · 1952
- Smith v. FelterSupreme Court of New Jersey · 1897
- DeRaismes v. DeRaismesSupreme Court of New Jersey · 1903