Watkins v. Thornton
Ohio Supreme Court
Error to the district court of Scioto county. The action below was brought under the code, by the defendants in error, to recover the possession of certain real estate.
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Error to the district court of Scioto county. The action below was brought under the code, by the defendants in error, to recover the possession of certain real estate. The facts of the case, as shown by an agreed statement of counsel, and the special finding of the district court, are as follows: In October, 1847, John H. Thornton died, testate, having devised the premises in controversy to his wife, Sally Thornton, for life, with remainder to his daughter, Sarah Ann Thornton, in fee simple. ■The widow of the testator remained in possession of the premises, under the will, till her death, in…
1Opinion of the CourtScott, C.J.
By the common law there are four requisites necessary to make a tenancy by the curtesy: marriage, seizin of the wife, issue, and the death of the wife. As to the seizin requisite to the creation of this estate, it said by Blackstone, “ The seizin of the wife must be an actual seizin, or possession of the lands; not a bare right to possess, which is a seizin in law, but an actual possession which is a seizin indeed. And, therefore, a man shall not be tenant by the curtesy of a remainder or reversion.” 2 Bl. Com., 127. Such, beyond all question, is the rule of the common law, as to corporeal…
2Cases cited5 opinions
- Ellsworth v. CookNew York Court of Chancery · 1841
- Eldredge v. ForrestalMassachusetts Supreme Judicial Court · 1811
- In re CregierNew York Court of Chancery · 1846
- Chew v. Commissioners of SouthwarkSupreme Court of Pennsylvania · 1835
- Stoolfoos v. JenkinsSupreme Court of Pennsylvania · 1822