Legal Opinion

Benner's Lessee v. Platter

Ohio Supreme Court

Decided December 15, 1834PublishedCited by 2 opinions

This cause was adjourned from Ross county. It came before the court upon a motion for a new trial. The material facts of the case are as follows.

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This cause was adjourned from Ross county. It came before the court upon a motion for a new trial. The material facts of the case are as follows. On the trial the plaintiff gave in evidence: 505] *1. A survey made for Miles King, on November 3,1793, for one thousand acres, beginning on the upper side of Paint creek, at two elms and two sycamores on the bank of the creek, thence up the oreek (several corners and distances), passing the mouth of Buckskin, to a corner. 2. A survey made for Richard Taylor, on November 10,1793, for one thousand acres, beginning at a sycamore on the upper side of…

1Opinion of the Court

Judge Wright

delivered the opinion of the court:

If, in legal contemplation, the main branch of Paint creek to its center or channel is the boundary of Taylor’s survey, the plaintiff has no title; but if the creek described was the ravine, or the inner side of what is called the island, 'then the plaintiff has a legal title to the island.

As we understand Taylor’s survey, the creek is its boundary, It begins on the upper side of the mouth of' a branch, thence up the creek bounding thereon. It is difficult for us to understand how any one can dispute the proposition that such description makes…

2Cases cited5 opinions

  1. Handly's Lessee v. AnthonySupreme Court of the United States · 1820
  2. Carson v. BlazerSupreme Court of Pennsylvania · 1810
  3. Hooker v. CummingsNew York Supreme Court · 1822
  4. Adams v. PeaseSupreme Court of Connecticut · 1818
  5. King v. KingMassachusetts Supreme Judicial Court · 1811

3Cited by2 opinions

  1. Day v. Railroad Co.Ohio Supreme Court · 1886
  2. Overly v. StateWood Circuit Court · 1906

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