Elder v. McClaskey
Court of Appeals for the Sixth Circuit
Appeal from' tbe Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is an appeal from a decree of the circuit court for the Southern district of Ohio ordering the partition and sale of a tract of 101⅛ acres — a quarter section — on Price’s Hill, a suburb of Cincinnati. The action was begun on the 4th day of December, 1S8Q, in the superior court of Cincinnati, by Sarah McClaskey and 3 others, against more than 200 defendants.
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Appeal from' tbe Circuit Court of the United States for the Western Division of the Southern District of Ohio. This is an appeal from a decree of the circuit court for the Southern district of Ohio ordering the partition and sale of a tract of 101⅛ acres — a quarter section — on Price’s Hill, a suburb of Cincinnati. The action was begun on the 4th day of December, 1S8Q, in the superior court of Cincinnati, by Sarah McClaskey and 3 others, against more than 200 defendants. On the petition of two of the defendants the whole cause was removed to the court below under the second section of the…
1Opinion of the CourtTaft, Circuit Judge
The defendants in possession, or the persons under whom they claim, have been in possession of the quarter section here in controversy from 1889 until the present day. The right of entry to this land under the title which the complainants and cross complainants assert accrued to them on the lid of August, 1860, when Maria Bige-low died. This action was not begun until the 4th day of December, 1886, or 26 years and 4 months after the immediate right of possession vested in the complainants and cross complainants. The present statute of limitations of Ohio, which is substantially the same as…
2Cases cited52 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Willison v. WatkinsSupreme Court of the United States · 1830
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3Cited by67 opinions
- Akley v. BassettCalifornia Supreme Court · 1922
- Overfield v. Pennroad CorporationCourt of Appeals for the Third Circuit · 1944
- Johns v. ScobieCalifornia Supreme Court · 1939
- Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co.Court of Appeals for the Sixth Circuit · 1896
- Shell Oil Co., Inc. v. HowthTexas Supreme Court · 1942
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