Mechanics' Savings & Building Loan Ass'n v. O'Conner
Ohio Supreme Court
Error to the District Court of Lucas county. The defendant in error brought the original action in the Court of Common Pleas of Lucas county against the plaintiff’in error to recover $4,050, the purchase-money for the undivided half of four lots, to wit, Nos. 95, 96, 97, and 98, in Oliver’s division of the city of Toledo, sold to the •defendant by the plaintiff' as a master commissioner on the 24th of October, 1874, under an order made and issued from the said court of…
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Error to the District Court of Lucas county. The defendant in error brought the original action in the Court of Common Pleas of Lucas county against the plaintiff’in error to recover $4,050, the purchase-money for the undivided half of four lots, to wit, Nos. 95, 96, 97, and 98, in Oliver’s division of the city of Toledo, sold to the •defendant by the plaintiff' as a master commissioner on the 24th of October, 1874, under an order made and issued from the said court of common pleas. The original petition, as amended, duly stated the proceedings in which the sale was ordered; the order of…
1Opinion of the CourtMcIlvaine, J.
The true meaning of certain matters stated in the second defense is involved in some doubt.
It is denied that lot 98, described in the petition, was appraised or sold by the plaintiff to the defendant. It is also averred that there is no such lot as 98 in existence, and the same as to part of lot 97.
And, again, it is averred that lot 98 and part of lot 97 are water-lots. And also that this lot 98 and part of lot 97 were appraised and advertised for sale as dryland, whereas they are situated within the banks of a navigable stream.
Applying the rule, however, that a pleading which con*655■tains…
2Cited by10 opinions
- In re Burr Mfg. & Supply Co.Court of Appeals for the Second Circuit · 1914
- Mitchell v. MasonSupreme Court of Florida · 1918
- Jewett v. FeldheiserOhio Supreme Court · 1903
- Northern Investment Corp. v. CoppockSupreme Court of Florida · 1938
- Certain Lands, Etc. v. City of Coronado BeachSupreme Court of Florida · 1937
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