Lessee of Perry v. Brainard
Ohio Supreme Court
This case was reserved on the last circuit, from Sandusky county. It is an action of ejectment, to recover the possession of lot No. 144, in the town of Sandusky. The principal facts are agreed. At the May term, 1828, of'the court of common pleas of Sandusky county, Jaques Hulburd was appointed guardian for Mary S. Perry, a minor, who was then nine years and eight months old, and was seized in fee of the lot in question.
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This case was reserved on the last circuit, from Sandusky county. It is an action of ejectment, to recover the possession of lot No. 144, in the town of Sandusky. The principal facts are agreed. At the May term, 1828, of'the court of common pleas of Sandusky county, Jaques Hulburd was appointed guardian for Mary S. Perry, a minor, who was then nine years and eight months old, and was seized in fee of the lot in question. At the May term, 1831, of said court, Hulburd, as guardian for Mary S. Perry, who was then twelve years and eight months old, filed his petition for the sale of said lot,…
1Opinion of the Court
^Wood, J.
From the admissions and proofs in this case, the question first arises whether Hulburd was the guardian of this minor heir, the plaintiff’s lessor, when the petition for the sale of her land was filed. If not, there was a defect of power, and the subsequent proceedings conveyed no titje to the defendant, but it *378still remains in Mary S. Perry. This question must be determined principally by the construction of our own statute, and we have not been able to find any case strictly analogous in the reports of other states.
If this question be decided in the negative, there is clearly an…
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