McArthur v. Porter
Ohio Supreme Court
The substance of tbe case made in tbe bill and answers, is this : In May, 1797, George Porter, then being unmarried, purchased of Nicholas Talliaferro, part of an entry for land standing in the name of Talliaferro, and gave his bond for the purchase money, reciting that it was given for the purchase money of the land, and specifying that the land was to be held as a security until the bond was taken up.
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The substance of tbe case made in tbe bill and answers, is this : In May, 1797, George Porter, then being unmarried, purchased of Nicholas Talliaferro, part of an entry for land standing in the name of Talliaferro, and gave his bond for the purchase money, reciting that it was given for the purchase money of the land, and specifying that the land was to be held as a security until the bond was taken up. Porter obtained an assignment of the entry and warrant from Talliaferro, had a survey executed, and in August, 1797, obtained a patent in his own name. In April, 1798, he married the…
1Dissent
Judge Burnet’s
dissenting opinion:
Having dissented from the opinion of the court, given in this-cause, I feel it my duty to state the view which I have taken of the subject, and which has led my mind to the conclusion that the decree ought to have been in favor *of the complainant. In order to do this intelligibly, it will be necessary to state the leading facts in the case. In May, 1797, George Porter, since deceased, purchased the land in question from Nicholas Talliaferro, and gave-his bond for the purchase money. The condition of the bond specified that it was given on account of the land,…
2Cases cited7 opinions
- Salmon v. BennettSupreme Court of Connecticut · 1816
- Garson v. GreenNew York Court of Chancery · 1814
- Carver v. MillerMassachusetts Supreme Judicial Court · 1808
- Bird v. GardnerMassachusetts Supreme Judicial Court · 1813
- Scott v. CrosdaleSupreme Court of the United States · 1791
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