Cresinger v. Lessee of Welch
Ohio Supreme Court
This case comes before the court by writ of error to the court of common pleas of Columbiana county. The original action was ejectment for the north half of section 33, in township 17, range 5, in Columbiana county. On trial of the case to a jury, a verdict was returned in favor of the plaintiff, now defendant in error, and a judgment entered accordingly.
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This case comes before the court by writ of error to the court of common pleas of Columbiana county. The original action was ejectment for the north half of section 33, in township 17, range 5, in Columbiana county. On trial of the case to a jury, a verdict was returned in favor of the plaintiff, now defendant in error, and a judgment entered accordingly. To reverse this judgment, this writ of error is prosecuted, and the errors complained of appear from a bill of exceptions tendered by the plaintiff in error and allowed by the court on the trial. The bill of exceptions is as follows: Be it…
1Opinion of the Court
♦Hitchcock, J.
The several facts of this case, as exhibited in the bill of exceptions, are that William B. Lupton, in the year 1815, died seized of the premises in controversy. On September 20, 1832, Elisha E. Lupton, Cyrus C. Lupton, and William H. Lupton, all of Baltimore, in the State of Maryland, and heirs of said William B. Lupton, conveyed the same land to Peter Kline, of Trumbull county, by deed duly executed. The plaintiff in error claimed title under conveyances from Kline. At the time of the conveyance to Kline by the Luptons, CyruR C. and William H. were infants, within the age of…
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