Heirs v. Donaldson
Ohio Supreme Court
Bill of review to reverse a decree of the court of common pleas of Highland county, for errors on the- face of the proceedings.
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Bill of review to reverse a decree of the court of common pleas of Highland county, for errors on the- face of the proceedings. The following abstract shows the state of the case: Israel Donaldson (defendant in review) filed his bill at the June term of the court of common pleas, 1816, against the heirs of Nathaniel Massie, deceased, at that time infants, to obtain the oonveyanee of a tract of land, situate in Highland county, which, as was alleged in said bill, Nathaniel Massie, in his lifetime, had given his penal bond to convey to said Donaldson. The bill charges that said Massie in his…
1Opinion of the Court
. Judge Grimke
delivered the opinion of the court:
This is a bill of review to- reverse the decree of the'court of' common pleas, for errors apparent on the face of the proceedings- -and decree.
N. Massie, in his lifetime, had contracted to convey a tract of land to the defendant; but failing so to do, the defendant filed a bill against his heirs, praying in the alternative for a conveyance, or a compensation in damages. None of the defendants, then infants, were served with process; but a guardian ad litem- was, on the motion of the complainant, appointed for them. This guardian never answered,…
2Cases cited2 opinions
- Cook v. ManciusNew York Court of Chancery · 1821
- Inhabitants of Stockbridge v. Inhabitants of West StockbridgeMassachusetts Supreme Judicial Court · 1815
3Cited by5 opinions
- Wayne Building & Loan Co. v. YarboroughOhio Supreme Court · 1967
- Lalakea v. Laupahoehoe Sugar Co.Hawaii Supreme Court · 1939
- Greene v. MabeySupreme Court of Rhode Island · 1912
- Demarest v. VandenbergNew Jersey Court of Chancery · 1884
- Wallace v. LudwigWood Circuit Court · 1912