McAlpin v. Woodruff
Ohio Supreme Court
Error to the superior court of Cincinnati. Andrew McAlpin, the plaintiff in error, filed his petition in the superior court of Cincinnati against Edward Woodruff, administrator de bonis non of Michael P. Cassilly, deceased, and John B. Purcell.
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Error to the superior court of Cincinnati. Andrew McAlpin, the plaintiff in error, filed his petition in the superior court of Cincinnati against Edward Woodruff, administrator de bonis non of Michael P. Cassilly, deceased, and John B. Purcell. The petition, in substance, states that by indenture dated April 1, 1835, and recorded June 4,1835, Michael P. Cassilly leased to the plaintiff for the term of ninety-nine years, renewable forever, a certain lot of land on Fourth street, in the city of Cincinnati — the lessee paying therefor the yearly rent of two hundred and forty-five dollars in…
1Opinion of the CourtBrinkerhoff, C.J.
The plaintiff McAlpin does not appear to have availed himself of his right, under the contract contained in his lease, to become a purchaser of the demised premises, and we can not know that he ever will. He appears before us, therefore, in the character of a lessee simply. His lease contains an ordinary covenant for quiet enjoyment, and for a breach of this covenant he sues the administrator of his lessor.
1. Has the plaintiff been evicted of any portion of the demised premises; and if so, what is the extent of such eviction ?
That the widow of the lessor was entitled to dower in the demised…
2Cases cited2 opinions
- Administrators of Backus v. McCoyOhio Supreme Court · 1827
- King v. Kerr's AdministratorsOhio Supreme Court · 1831