Lessee of Bisbee v. Hall
Ohio Supreme Court
This cause was adjourned from Hamilton county, and came before the court upon a motion for a new trial, made by the defendant.
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This cause was adjourned from Hamilton county, and came before the court upon a motion for a new trial, made by the defendant. On the trial, the plaintiff, to deduce title to himself from Adam Moore, made when both parties claimed, gave in evidence a lease from A. Moore to Joseph B. Robinson, for ninety-nine years, reserving a yearly rent, with clauses of' re-entry for non-payment of the rent; with an assignment, indorsed on the back, from Robinson to T. Levinsworth, attested by one witness only. A judgment in favor of Ethan Stone, for the use of the Bank of Cincinnati, against H. Flint,…
1Opinion of the Court
*By the Court :
The first ground assigned for a new trial rests upon exceptions to the title of the plaintiff’s lessor. And the first objection is, that the execution issued to November term, 1816, was levied upon lands of one of the defendants, and until that levy is disposed of, no second fi. fa. could issue. The plaintiff’s answer to this is, that in March, 1817, this execution and levy were set aside. And upon an examination of the order of court relied upon, we are satisfied that such was the fact. That objection, therefore, is not supported by the facts in the cause.
A second objection…
2Cited by2 opinions
- Acklin v. WaltermierOhio Circuit Courts · 1899
- Northern Bank of Kentucky v. RoosaOhio Supreme Court · 1844