Lessee of Bond v. Swearingen
Ohio Supreme Court
This was an action of ejectment, and came before the court upon a motion for a new trial, made by the plaintiff, and reserved in the county of Ross. As the opinion and decision of the court is confined altogether to the title of the defendant, so much only of the statement of the case, and the argument of the counsel, as relate to that title, are presented. _ The suit was brought to recover a lot in the town of Chillicothe.
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This was an action of ejectment, and came before the court upon a motion for a new trial, made by the plaintiff, and reserved in the county of Ross. As the opinion and decision of the court is confined altogether to the title of the defendant, so much only of the statement of the case, and the argument of the counsel, as relate to that title, are presented. _ The suit was brought to recover a lot in the town of Chillicothe. The tract of land, including the lot in question, was entered by N. Massie on the 27th of June, 1795, as in his own right— was surveyed on the 24th of December, 1796, and…
1Opinion of the Court
Opinion of the court, by
Judge Sherman:
The result of the motion for a new trial in this cause must depend upon the question, which of .the parties has a valid legal title to the promises in question. The defendant has obtained a verdict» and that verdict ought not to be set aside if his title papers, connected with the evidence in the cause, show a subsisting legal title in him. In order to determine this question, it is necessary to ascertain the effect of the deed from Basil Abrams to John S. Wills, of May 1, 1801; the proceedings had under the attachment, at the suit of Ecuben Abrams…
2Cases cited4 opinions
- Jackson ex dem. Danforth v. MurrayNew York Supreme Court · 1815
- Massie v. SebastianCourt of Appeals of Kentucky · 1816
- Gist's heirs v. RobinetCourt of Appeals of Kentucky · 1813
- Jackson ex dem. Stevens v. StevensNew York Supreme Court · 1816
3Cited by6 opinions
- State v. LilliockOhio Supreme Court · 1982
- Gatts v. E.G.T.G., GMBHOhio Court of Appeals · 1983
- State v. ArgeaCanton Municipal Court · 1989
- Ernst v. KellerOhio Court of Appeals · 1925
- Fooks v. StateCourt of Appeals of Maryland · 2025
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