Blakely v. Capitan

This is an appeal from the decision of the Lake County Court of Common Pleas denying plaintiffs-appellants’ request for a declaratory judgment extinguishing certain deed restrictions under the provisions of the Ohio Marketable Title Act, R.C. 5301.47 through 5301.56.

Appellants are the owners of a 1.089-acre vacant lot situated on the northeast corner of Mentor Avenue and Mill-More Road in Painesville Township, Lake County, Ohio. The pertinent ownership history of the parcel of land is as follows, in chronological order:

November 1,1941 — Charles Ash-man acquired title to the premises from…