Stewart v. Aten's Lessee
Ohio Supreme Court
This is a petition in error to reverse the judgment of the District Court of Athens county. The original action was ejectment, brought to recover a tract of land in Rome township, in said county, and bounded and described as follows: Beginning at the north-west corner of section 36, Tp. 6, R. 12; thence east 80 rods; thence south 230 rods; thence west 80 rods, to the section line; thence north to the place of beginning, containing 115 acres.
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This is a petition in error to reverse the judgment of the District Court of Athens county. The original action was ejectment, brought to recover a tract of land in Rome township, in said county, and bounded and described as follows: Beginning at the north-west corner of section 36, Tp. 6, R. 12; thence east 80 rods; thence south 230 rods; thence west 80 rods, to the section line; thence north to the place of beginning, containing 115 acres. The case was tried at the September term, 1854, of the district court, by the court, and resulted in a judgment in favor of the plaintiff below. The…
1Opinion of the CourtJ. R. Swan, J.
When land is described in a deed or other instrument as a certain number of acres, situate in the corner of a designated tract, the description would be wholly defective, unless certainty could be given to it by legal construction. It has, therefore, been held, in order to sustain such description, that it means a square. Applying this rule of construction to the duplicate in the case before us, there was an assessment of taxes upon 150 acres of land, situate in the north-west corner of section No. 36, in the form of a square. Such square was assessed with taxes, which should have been…
2Cited by7 opinions
- Olsen v. BagleyUtah Supreme Court · 1894
- Eastman v. GurreyUtah Supreme Court · 1897
- Johnson v. Ashland Lumber Co.Wisconsin Supreme Court · 1881
- Schattler v. CassinelliSupreme Court of Arkansas · 1892
- Mayberry v. BeckSupreme Court of Kansas · 1905
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