Spoors v. Coen
Ohio Supreme Court
Reserved in the District Court of Wood county. The action below was a suit by the plaintiff, Rhoda Spoors, against the defendant 'to recover the possession of a certain tract of land, some two acres and a fraction, described in the petition. She derived title from her husband, John Spoors, who, on the 4th of March, 1879, conveyed all his real estate to his son, Jerome, who, on the same day with his wife, conveyed the land in question to the plaintiff.
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Reserved in the District Court of Wood county. The action below was a suit by the plaintiff, Rhoda Spoors, against the defendant 'to recover the possession of a certain tract of land, some two acres and a fraction, described in the petition. She derived title from her husband, John Spoors, who, on the 4th of March, 1879, conveyed all his real estate to his son, Jerome, who, on the same day with his wife, conveyed the land in question to the plaintiff. John Spoors having died, a petition was filed September 26, 1879, in the probate court of the county to sell lands to pay debts; and, under an…
1Opinion of the CourtMinshaXjL, J.
There are, as we think, two sufficient reasons for holding that, upon the case as reserved to this court, judgment should be rendered for the plaintiff. 1. The probate court is not clothed with the jurisdiction it assumed to exercise in setting aside the conveyance to Rhoda Spoors. 2. But if it were, no such jurisdiction had been invoked by the administrator in his petition as against her.
*5011. The probate court had no jurisdiction, for, although it is provided in section 6189, Revised Statutes, that the petition to sell lands to pay the debts of the estate “ shall include all the deceased may…
2Cases cited2 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- White v. RichmondOhio Supreme Court · 1847