Ware v. Shartle

OPINION

By LEACH, J.

This is an action to set aside a deed from Prescott B. Ware to D. Lester Shartle, dated December 5, 1945.

In the absence of any allegation or proof of fraud or that Bertha E. Ware did not during her lifetime provide a home and the necessities of life to Prescott B. Ware, the claim of failure of consideration for the deed from Prescott B. Ware, to his daughter by reason of the death of Bertha E. Ware, there being no forfeiture clause in said deed, cannot prevail. This is conclusively established by the case of City of Cleveland v. Herron, 102 Oh St 218, on page 224, 131 N. E.…