Henry v. Doctor
Ohio Supreme Court
Bill in Chancery. From Warren. The bill is filed by the widow and heirs of Moses Henry, claiming nine hundred and twenty-one acres and three quarters of land in Warren county, against the heirs, etc., of William R. Buck.
Read the full summary
Bill in Chancery. From Warren. The bill is filed by the widow and heirs of Moses Henry, claiming nine hundred and twenty-one acres and three quarters of land in Warren county, against the heirs, etc., of William R. Buck. In 1821, Moses Henry and wife, residents of Virginia, conveyed the tract of land in dispute and certain personal property to William R. Buck and his heirs, also of Virginia, in trust, to sell, and pay certain debts, and appropriate the balance on certain conditions. Both Moses Henry and Buck died soon after the deed was made, without execution of the trust by a sale of the…
1Opinion of the Court
By the Court,
Lane, C. J.
Much of the testimony in this case consists in an attempt to prove and disprove fraud in the management of the property. It will be unnecessary for us to examine this, if we find that Ashby, the substituted trustee, had no authority to make sale.
Whether the courts in Virginia could confer any power, under any condition, to convey lands in Ohio, is a question which we need not now examine, although it would be difficult, after the case of Wills v. Cooper, 2 Ohio, 126, to sustain an authority to convey a legal title to land, except derived either from the owner, or from…
2Cited by2 opinions
- Bomberger v. TurnerOhio Supreme Court · 1862
- Dakin v. LeckliderOhio Circuit Courts · 1899