Hostetler v. Peters
Ohio Supreme Court
Error to the Court of Appeals of Tuscarawas county. Plaintiff in error, David M. Hostetler, brought an action in the- court of common pleas of Tuscarawas county, in which he claimed to be the owner in fee simple of three tracts of real estate described in his petition and asked that his title thereto be quieted and that certain alleged claims of the defendants in and to said real estate be adjudged null and void.
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Error to the Court of Appeals of Tuscarawas county. Plaintiff in error, David M. Hostetler, brought an action in the- court of common pleas of Tuscarawas county, in which he claimed to be the owner in fee simple of three tracts of real estate described in his petition and asked that his title thereto be quieted and that certain alleged claims of the defendants in and to said real estate be adjudged null and void. The court of common pleas decided adversely to plaintiff in error upon the several issues made by the pleadings. The case was appealed to the court of appeals and was there heard…
1Opinion of the CourtNewman, J.
The' real estate in controversy was real estate of which the wife of plaintiff in error, who died August 22, 1911, intestate and without issue, was seized. The court of appeals held that plaintiff in error had but a life estate therein and this holding is challenged by counsel for plaintiff in error. If the real estate in question was ancestral, within the meaning of the statutes of descent, the holding of the court below was correct. To determine how this real estate passed from the wife of plaintiff in error, it is necessary to know how it came to her. It was originally owned by the…
2Cited by3 opinions
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- Drake v. KnouffOhio Supreme Court · 1930
- Wheatcraft v. HallOhio Supreme Court · 1922