Lessee of Paine v. Mooreland
Ohio Supreme Court
This is an Action of Ejectment, reserved in the County of Licking, and is submitted to the Court upon the following agreed statement of facts : Both parties claim title under David Letts, the grantor of one William Farmer, who held the legal title. The deed from Farmer to Letts is the last deed in the chain of title on record, Letts conveyed to Lewis Nichols. This deed is not on record; and neither Nichols nor any of his grantors were ever in possession of the land.
Read the full summary
This is an Action of Ejectment, reserved in the County of Licking, and is submitted to the Court upon the following agreed statement of facts : Both parties claim title under David Letts, the grantor of one William Farmer, who held the legal title. The deed from Farmer to Letts is the last deed in the chain of title on record, Letts conveyed to Lewis Nichols. This deed is not on record; and neither Nichols nor any of his grantors were ever in possession of the land. On the 25th of October, A. D., 1831, Nichols, then residing in the State of New York, attempted to convey the land in…
1Opinion of the Court
' Read, J.
Both parties derive title from Nichols — the plaintiff by direct purchase, and the defendant under a sale in attachment. The deed to Paine was defective, for want of seal. Its date was the 25th of October, 1831. This defect in the deed was barred by decree in chancery against Nichols, in the year 1839. This deed was not put upon record. Eight months after.its execution and delivery, to wit, on the 20th of June, 1832, a writ' of attachment was sued out against Nichols, at the instance of John Elder, and such proceedings were had in this suit, that the land conveyed to Paine was sold,…
2Cases cited1 opinion
- Lessee of Parker v. MillerOhio Supreme Court · 1839
3Cited by18 opinions
- Holland Furnace Co. v. Trumbull Savings & Loan Co.Ohio Supreme Court · 1939
- Zangerle v. Standard Oil Co.Ohio Supreme Court · 1945
- Abramson v. PennCourt of Appeals of Maryland · 1928
- Sinker, Davis & Co. v. ComparetTexas Supreme Court · 1884
- Pflueger v. Lewis Foundry & Machine Co.Court of Appeals for the Sixth Circuit · 1904
13 more not listed; retrieve them via the Exa API.