City of Tiffin v. Shawhan
Ohio Supreme Court
Error to the District Court of Seneca county. On the 8d day of July, 1878, Rezin "W. Shawhan, defendant in error, duly conveyed to the city of Tiffin, for city park purposes, about six acres of land, for the consideration of $2,680, which was then paid him.
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Error to the District Court of Seneca county. On the 8d day of July, 1878, Rezin "W. Shawhan, defendant in error, duly conveyed to the city of Tiffin, for city park purposes, about six acres of land, for the consideration of $2,680, which was then paid him. On the same day, Shawhan agreed in writing with the city that he would, at any time within two years from the 1st day of July, 1873, upon receiving a reconveyance of thé s^me land, repay to the city the sum of $2,680, with interest at eight per cent, per annum from thelst day of July, 1873; and that the right to reconvey the lands to…
1Opinion of the CourtOwen, J.
1. By the conveyance from Shawhan to the city, the latter was invested with the title to the lands in question. The city had ample capacity to reconvey the same lands to Shawhan. If the deed which was tendered to him Was-such an instrument as could reinvest him with his former title, unclouded by substantial doubt of the validity of the conveyance, the plaintiff was entitled to the relief prayed for, and there was error in refusing it. If it be suggested that the defendant admitted that the deed tendered to him was sufficient to pass the title of the land to him, by failing to deny the…
2Cases cited12 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Gordon v. PrestonSupreme Court of Pennsylvania · 1833
- King and Others v. Hamilton and OthersSupreme Court of the United States · 1830
- Clark v. Farmers' Woollen Manufacturing Co.New York Supreme Court · 1836
- Bates v. DelavanNew York Court of Chancery · 1835
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