Lessee of Washington Sockman v. Sockman
Ohio Supreme Court
This is a writ of error to the Court of Common Pleas of Knox county. The original action was ejectment, in which judgment was rendered for the defendant, the case having been submitted to the court without the intervention of a jury. A motion for a new trial was submitted and overruled, and it is alleged that the court erred in giving judgment for the defendant, and in overruling the motion for a new trial.
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This is a writ of error to the Court of Common Pleas of Knox county. The original action was ejectment, in which judgment was rendered for the defendant, the case having been submitted to the court without the intervention of a jury. A motion for a new trial was submitted and overruled, and it is alleged that the court erred in giving judgment for the defendant, and in overruling the motion for a new trial. From the testimony in the case, all of which is spread out in the bill of exceptions, these facts appear: The plaintiff and defendant both claimed title to the prem ises in controversy, as…
1Opinion of the CourtAvery, J.
From the statement of facts in this case it will be seen, that the premises in dispute, though actually levied' upon by virtue of the execution, and embraced in the bill and in the order of appraisement, were supposed, till after this last order, to have been included in the deed to the sons and s.onsin-law, who were parties to the bill. The return of the appraisement first disclosed to the supreme court, that the premises last named had been conveyed to the heirs of Sockman, but the court proceeded to direct the sale and apply the money arising' from it towards the satisfaction of the…
2Cases cited1 opinion
- Johns v. JohnsOhio Supreme Court · 1834
3Cited by29 opinions
- Commonwealth v. RichmondMassachusetts Supreme Judicial Court · 1911
- Morse v. CommonwealthCourt of Appeals of Kentucky · 1908
- State v. ChisnellWest Virginia Supreme Court · 1892
- State v. . WhitehurstSupreme Court of North Carolina · 1937
- Kossakowski v. PeopleIllinois Supreme Court · 1899
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