Miller v. Hine
Ohio Supreme Court
Demurrer to petition. Reserved in the district court of Summit county. The plaintiff, Miller, filed his petition in the court of common pleas of Summit county, May 25, 1857, against the defendant, Luara J. Hine, stating in substance : That, on or about July 1, 1848, he purchased of her and her then husband, certain described real estate in that county, and paid them for the same, at the time, two hundred dollars m money, and conveyed to them, in fee simple, sixty acres of…
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Demurrer to petition. Reserved in the district court of Summit county. The plaintiff, Miller, filed his petition in the court of common pleas of Summit county, May 25, 1857, against the defendant, Luara J. Hine, stating in substance : That, on or about July 1, 1848, he purchased of her and her then husband, certain described real estate in that county, and paid them for the same, at the time, two hundred dollars m money, and conveyed to them, in fee simple, sixty acres of land in Indiana. That at the time the plaintiff purchased the property of the defendant and her husband, the title to the…
1Opinion of the Court
By the Ooubt
The defendant, Laura J. Hine, during coverture, and without joining her husband, executed to the plaintiff a deed'for the land in controversy, received a part of the consideration, and put him in possession. He shows a very strong equity to be protected in his enjoyment of the property; but he calls for relief beyond the equity powers of this court. That a deed made by a married woman, not in conformity with the statute by joining with her husband in the conveyance, is a nullity, and that a contract for a conveyance is alike void, are propositions already settled by repeated…
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