Cadwallader v. Evans
Ohio Superior Court, Cincinnati
General Term. — Proceeding in error to reverse a judgment rendered for tbe defendants below by Gbolson, J., at special term, June, a. d. 1857. Tbe plaintiffs brought their action, as heirs of David B. Bassett, deceased, to recover the possession of an undivided half of certain real estate on the north side of Ninth street, between Main and Sycamore streets, and of an undivided third of certain leasehold premises on the the north-west corner of Ninth and Sycamore streets.
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General Term. — Proceeding in error to reverse a judgment rendered for tbe defendants below by Gbolson, J., at special term, June, a. d. 1857. Tbe plaintiffs brought their action, as heirs of David B. Bassett, deceased, to recover the possession of an undivided half of certain real estate on the north side of Ninth street, between Main and Sycamore streets, and of an undivided third of certain leasehold premises on the the north-west corner of Ninth and Sycamore streets. From the record, it appears that the statement of the plaintiff’s claim is briefly this. They are the heirs-at-law of David…
1Opinion of the CourtStorer, J.
The plaintiffs in error claim that there was no valid order for the sale, under which defendants derive title, because, say they, the petition filed by the administrators assumes to be a bill in equity, addressed to the court of common pleas, on their chancery side, and as the probate jurisdiction conferred on that tribunal was special only, they could not exercise it in the mode sought by the administrators. At the time those proceedings were commenced, the law of 1831, defining the duties of executors and administrators, was in force. By section 31, it was provided, “That when the executor…
2Cases cited3 opinions
- Bunce v. Vander GriftNew York Court of Chancery · 1839
- Wallingsford v. AllenSupreme Court of the United States · 1836
- Freeland v. RugglesMassachusetts Supreme Judicial Court · 1811