Clark v. Potter
Ohio Supreme Court
Error to tbe District Court of Lucas county. The plaintiffs in error brought an action against the defendants in error in the Court of Common Pleas of Lucas county, on the 28th of July, 1870, praying to be let in to redeem certain lands situate in said county, from the lien of a mortgage bearing date October 1, 1840. The entire tract covered by the mortgage contains one hundred and twenty acres.
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Error to tbe District Court of Lucas county. The plaintiffs in error brought an action against the defendants in error in the Court of Common Pleas of Lucas county, on the 28th of July, 1870, praying to be let in to redeem certain lands situate in said county, from the lien of a mortgage bearing date October 1, 1840. The entire tract covered by the mortgage contains one hundred and twenty acres. The case was heard in the common pleas at the February term, 1872, and a decree rendered permitting the plaintiffs to redeem as to forty acres of the tract, but denying the prayer of the petition as…
1Opinion of the CourtJohnson, J.
As the widow of Sterry Clark has died since *58the judgment below, further consideration of her rights in this action becomes unnecessary.
Upon a careful examination of the record, we think the district court was warranted in finding as facts:
1. -That prior to and at the date of said mortgage, and when the property was sold and conveyed to Potter, and for several years thereafter, the mortgaged premises was owned, held, and occupied as one entire tract of land or farm, about forty acres of which was cleared, with a tenement house, fences, etc., such as is usual with a new farm, in a new country,…
2Cases cited17 opinions
- Prevost v. GratzSupreme Court of the United States · 1821
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Willison v. WatkinsSupreme Court of the United States · 1830
- Stanley v. GadsbySupreme Court of the United States · 1836
- Piatt v. VattierSupreme Court of the United States · 1835
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