Legal Opinion

Lessee of Pillsbury v. Dugan's Administrator

Ohio Supreme Court

Decided December 15, 1839PublishedCited by 5 opinions

Ejectments. From Hamilton. These suits depend upon the same title, and were heard together upon agreed facts. The plaintiff claims two undivided eighths of lot 92, and out lot 20 in Cincinnati. He shows a title in his lessors, by a deed from John Cleve Synimes, dated in August, 1795, conveying the land to them under the names of Abigail Cutter and Mary Cutter.

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Ejectments. From Hamilton. These suits depend upon the same title, and were heard together upon agreed facts. The plaintiff claims two undivided eighths of lot 92, and out lot 20 in Cincinnati. He shows a title in his lessors, by a deed from John Cleve Synimes, dated in August, 1795, conveying the land to them under the names of Abigail Cutter and Mary Cutter. Abigail Cutter Fas heretofore intermarried with Silas Pillsbury, and Mary Cutter -with Phineas Sargeant, but both husbands have deceased, so that the plaintiff is entitled to a recovery in both cases, unless these interests have been…

1Opinion of the Court

By the Court,

Lane, C. J.

In adjudicating upon transactions occurring in the early settlement of our state,.we must never forget the absence of precedents and system, the different usages introduced 'by people emigrating from every part of the country, the want of knowledge or neglect of technical learning, and the risk of loss of evidence from the lapse of time. Hence errors of form have always been overlooked, where the acts of a court are manifest, and its jurisdiction established. 3 Ohio, 273 ; 6 Ohio, 255.

The petition in partition is very loosely drafted. The land is well *118^described, but…

2Cases cited1 opinion

  1. Thompson v. TolmieSupreme Court of the United States · 1829

3Cited by5 opinions

  1. State v. AlvaNew Mexico Supreme Court · 1913
  2. National Packaging Corp. v. BelmontOhio Court of Appeals · 1988
  3. Waicker v. BaneguraCourt of Appeals of Maryland · 2000
  4. Weise v. WelshNew Jersey Court of Chancery · 1879
  5. OhioHealth Corp. v. NealOhio Court of Appeals · 2017

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