Wade v. Pettibone
Ohio Supreme Court
This is a bill of review, brought to review a case decided in bank at December term, 1841, which was a bill in chancery from Delaware county. The case is reported in 11 Ohio, 57, M. S. Wade v. M. D. Pettibone. The facts of the case are as follows: In 1835, the Miami Exporting Company having been for many years a suspended institution, and being about to recommence ^business, made certain disposition of their existing claims, for the benefit of their old stockholders.
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This is a bill of review, brought to review a case decided in bank at December term, 1841, which was a bill in chancery from Delaware county. The case is reported in 11 Ohio, 57, M. S. Wade v. M. D. Pettibone. The facts of the case are as follows: In 1835, the Miami Exporting Company having been for many years a suspended institution, and being about to recommence ^business, made certain disposition of their existing claims, for the benefit of their old stockholders. By a resolution of July 13, 1835, they divided their claims into classes, rating them after the probability of making…
1Opinion of the CourtBirchard, J.
This bill seeks the reversal of a decree rendered in this court at December term, 1841.
*563The ease is stated in 11 Ohio, 51.
It'is claimed that the deed is erroneous in two particulars: 1. In not decreeing a specific performance of the agreement to convey the land to Wade. 2. In deciding that plaintiff’s right to call upon Pettibone to surrender the purchase made in his fiduciary character, was lost by lapse of time.
The case was fully examined on the original hearing, and that decision has again been carefully re-examined. We are entirely satisfied that the orginal bill was rightly dismissed. To…
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