Gwynne v. Niswanger
Ohio Supreme Court
This Case comes into the Supreme Court, by appeal, and was reserved in the County of Madison. It is a suit in Chancery, depending upon bill and demurrer. The case was presented to the Court of Common Pleas of Madison connty, at the September term, 1845. That Court overruled the demurrer, and entered a decree for the complainant. From this decree the defendant appealed to this Court.
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This Case comes into the Supreme Court, by appeal, and was reserved in the County of Madison. It is a suit in Chancery, depending upon bill and demurrer. The case was presented to the Court of Common Pleas of Madison connty, at the September term, 1845. That Court overruled the demurrer, and entered a decree for the complainant. From this decree the defendant appealed to this Court. The bill states that, on or about the 22d day of June, 1810, David Ross, as assignee, in trust for himself and others, entered survey No. 6780, of 640 acres, in the Virginia Military District; that it was surveyed…
1Opinion of the Court
Hitchcock, J.'
Two questions- are presented, iii this case, for the consideration of the Court; first, whether, a Court of Equity, acting within i.ts ordinary powers, can compel the legal owner of land, to bonvey the same to a'purchaser', a't tax sale, the owner; at the time of .the sale, having no other than an' equitable interest, but,haying, subsequent to the' sálej acquiréd' the legal title; and- second, -if the Court has-such power, is the *369case made in the complainant’s bill such as to justify the exercise'of it? .
Here it may be proper to remark, that questions of this nature can scarcely…
2Cases cited1 opinion
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