Ward's Heirs v. McIntosh
Ohio Supreme Court
Error to the district court of Washington county. The defendant in error filed her petition against Nahum Ward, the ancestor of the plaintiilsin error, in the court of common pleas, for the assignment of dower in certain premises of which her late husband, John McIntosh, was seized as an estate of inheritance, during coverture. The said Nahum Ward answered : 1. Denying title in John McIntosh, except as to one undivided third part of the premises.
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Error to the district court of Washington county. The defendant in error filed her petition against Nahum Ward, the ancestor of the plaintiilsin error, in the court of common pleas, for the assignment of dower in certain premises of which her late husband, John McIntosh, was seized as an estate of inheritance, during coverture. The said Nahum Ward answered : 1. Denying title in John McIntosh, except as to one undivided third part of the premises. And, 2. Setting up a conveyance by warranty deed, from John McIntosh, and the defendant in error, Susannah McIntosh, in consideration of $900. Nahum…
1Opinion of the CourtPeck, J.
The court below, as set forth in the first bill of exceptions, found that John McIntosh, during his marriage with Susannah, was seized as of an estate of inheritance in the premises described in the petition; and in this, it is said, there was error.
It is stated as a predicate for the finding, that it was proved that John McIntosh was in possession of the premises during said marriage, claiming title thereto, and that while so in possession, he conveyed the same in fee, with covenants of seizin and general warranty, to the defendant, Ward, and delivered the possession to him. That Ward had…
2Cases cited7 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Hughes v. LaneIllinois Supreme Court · 1849
- Brown v. FarranOhio Supreme Court · 1827
- Doe v. Executors of DuganOhio Supreme Court · 1837
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