Deem v. Millikin
Ohio Circuit Courts
Error to the Common Pleas Court of Preble County. The defendants in error, by their answers and cross-petitions filed in the court of common pleas, allege that Caroline■Sharkey died intestate, January 11, 1889, and seized in fee of ■certain real estate in said county, leaving her son Elmer L. ■Sharkey, her sole heir at law ; that thereafter, said Elmer L. Sharkey executed to them several mortgages to secure the payment of certain promissory notes, their cross-petitions…
Read the full summary
Error to the Common Pleas Court of Preble County. The defendants in error, by their answers and cross-petitions filed in the court of common pleas, allege that Caroline■Sharkey died intestate, January 11, 1889, and seized in fee of ■certain real estate in said county, leaving her son Elmer L. ■Sharkey, her sole heir at law ; that thereafter, said Elmer L. Sharkey executed to them several mortgages to secure the payment of certain promissory notes, their cross-petitions containing appropriate averments as to the execution of the notes and mortgages, and for the assertion of a lien upon said…
1Opinion of the CourtSha tick, J.
The judgment under review is unquestionably right if the terms used in the statute of descents should, in all cases, receive their plain and natural meaning. Mrs. Sharkey died intestate and seized in fee of the lands in controversy. There is neither condition nor exception in the statute which provides that they should descend to her son.
But recent decisions by courts of much respectability affirm that, in cases of this character, there should be judicially added to statutes such conditions or provisions as may be necessary to avert results believed to be inconsistent with the legislative…
2Cases cited7 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Owens v. . OwensSupreme Court of North Carolina · 1888
- Flint & Fentonville Plank-road Co. v. WoodhullMichigan Supreme Court · 1872
- Jewell v. WeedSupreme Court of Minnesota · 1872
- Shellenberger v. RansomNebraska Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bird v. PlunkettSupreme Court of Connecticut · 1953
- Gallimore v. WashingtonDistrict of Columbia Court of Appeals · 1995
- Bird v. PlunkettSupreme Court of Connecticut · 1953
- Gallimore v. WashingtonDistrict of Columbia Court of Appeals · 1995
- Mahone v. MahoneSupreme Court of Kansas · 1973