Lessee of Wallace v. Seymour
Ohio Supreme Court
Reserved in the county of Pickaway. This case was submitted to a jury'at the last term of the court, in the county of Pickaway, and a verdict returned in favor of the plaintiff. The lands in controversy are situated within the Virginia military district. On the trial the plaintiff gave in evidence a patent from the United States, covering the land in controversy, and rested his case.
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Reserved in the county of Pickaway. This case was submitted to a jury'at the last term of the court, in the county of Pickaway, and a verdict returned in favor of the plaintiff. The lands in controversy are situated within the Virginia military district. On the trial the plaintiff gave in evidence a patent from the United States, covering the land in controversy, and rested his case. The defendants then offered to prove that the survey upon which the plaintiff’s patent was based, was founded upon an entry in the name of Benjamin Holmes ; that this entry had been previously surveyed, and the…
1Opinion of the Court
Judge Hitchcock
delivered the opinion of the court:
In the consideration of this motion, a variety of questions are presented of more than ordinary difficulty, in consequence of the nature of the titles in the Yirginia military district, and the peculiar structure of our laws regulating the sales of land for taxes. "By the introduction of his patent, the plaintiff ^established an apparent right to recover. And this right could only be defeated by showing a superior legal title, or by showing that the patent itself was inoperative to convey title. No attempt was made to show an older patent than…
2Cited by1 opinion
- Gwynne v. NiswangerOhio Supreme Court · 1846