Bomberger v. Turner
Ohio Supreme Court
ERROR to tbe superior court of Montgomery county. .The defendant in error filed bis petition, in said superior court, against tbe plaintiffs in error and one William M. Seely, setting forth the rendition of a decree in tbe Montgomery common pleas, in 1849, against said Seely, and in favor of said Clyne, for $1191.05 and costs of suit, and a revival of that decree, in 1856, in the name of said administrator; that Seely bas no property subject to levy, but that, during tbe…
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ERROR to tbe superior court of Montgomery county. .The defendant in error filed bis petition, in said superior court, against tbe plaintiffs in error and one William M. Seely, setting forth the rendition of a decree in tbe Montgomery common pleas, in 1849, against said Seely, and in favor of said Clyne, for $1191.05 and costs of suit, and a revival of that decree, in 1856, in the name of said administrator; that Seely bas no property subject to levy, but that, during tbe pendency of said first suit, be was tbe owner of lot No. 988, in the city of Dayton, and combined with one George W…
1Opinion of the CourtPeck, J.
The error first assigned is, that the court below erred in sustaining the demurrer to the additional answer of P. P. Lowe and wife, as to improvements and expenditures made by him upon the premises in controversy.
It appears from the petition and original answer, that P. P. Lowe and Anne, his wife, in right of the said Anne., had been in peaceable possession of said premises (lot No. 98S in the city of Dayton), for several years prior to the commencement of the suit, improving the same and claiming title thereto, under a deed duly executed to them and William Bomberger, as heirs of George W.…
2Cases cited3 opinions
- Piatt v. St. Clair's HeirsOhio Supreme Court · 1833
- Gilmore v. Miami Exporting Co.Ohio Supreme Court · 1826
- Henry v. DoctorOhio Supreme Court · 1839
3Cited by14 opinions
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Bolen v. HumesOhio Court of Appeals · 1951
- Torrance v. TorranceOhio Supreme Court · 1946
- Clark v. DillonNew York Court of Common Pleas · 1882
- McClaskey v. BarrU.S. Circuit Court for the District of Southern Ohio · 1894
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