McNeely v. Langan
Ohio Supreme Court
Error to the Court of Common' Pleas of Hamilton county, reserved in the District Court. The original action was brought by the plaintiffs in error to recover a strip of ground three feet wide, fronting on Longworth street, in the city of Cincinnati. The defense relied on was the statute of limitations. The case was submitted to the court upon the following agreed statement of facts: AGREED STATEMENT OE EACTS. Jane McNeely et al.l ^ g2 Q2^ Thomas Langan.
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Error to the Court of Common' Pleas of Hamilton county, reserved in the District Court. The original action was brought by the plaintiffs in error to recover a strip of ground three feet wide, fronting on Longworth street, in the city of Cincinnati. The defense relied on was the statute of limitations. The case was submitted to the court upon the following agreed statement of facts: AGREED STATEMENT OE EACTS. Jane McNeely et al.l ^ g2 Q2^ Thomas Langan. J Ham^011 Common Pleas. It is hereby agreed between the parties that Stephen Burrows, on the 1st day of January, 1842, leased perpetually to…
1Opinion of the CourtWhite, J.
By the agreed statement, the court below was warranted in finding the possession to have been sufficiently open, notorious, and adverse to bring it within the operation of the statute of limitations. The question is, whether it was, in a legal sense, continuous.
For the plaintiff in error, it is contended that the continuity of possession was broken by each successive transfer *37of the premises in controversy; and, consequently, that as neither the defendant nor any one occupier under whom he claims held possession for the period of limitation, the statute is not available as a bar to the action.
2Cases cited3 opinions
- Alexander and Other v. PendletonSupreme Court of the United States · 1814
- Fanning v. WillcoxU.S. Circuit Court for the District of Connecticut · 1808
- Johnson v. Nash's HeirsTexas Supreme Court · 1855