Kyser v. Cannon
Ohio Supreme Court
Motion for leave to file a petition in error to the District Court of Cuyahoga county. The original action was brought by Cannon against Kyser to recover possession of “ a strip of land seven feet wide on the east and west ends, by fifteen rods long on the north and south sides, off from the. southeast corner of lot No. 38,” which lot No. 38 is described in/the petition.
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Motion for leave to file a petition in error to the District Court of Cuyahoga county. The original action was brought by Cannon against Kyser to recover possession of “ a strip of land seven feet wide on the east and west ends, by fifteen rods long on the north and south sides, off from the. southeast corner of lot No. 38,” which lot No. 38 is described in/the petition. The petition alleged that Cannon’had a legal title to, and was. seized in fee of the land; that he was entitled to the possession thereof, and that the defendant, Kyser, unlawfully kept him out of possession. The defendant by…
1Opinion of the CourtWelch, C. J.
This verdict is manifestly too indefinite to be the basis of any valid judgment. It is simply void for uncertainty, and should have been set aside, or refused to be received by the court. It finds for the plaintiff for two feet in width of the strip of seven feet, without showing from what part of the strip the two feet are to be taken— whether from the north, south, or middle part. The evidence shows that the plaintiff owned and occupied on the ■north side of the seven feet strip, and, by the pleadings, it is admitted that the defendant is in possession of the entire seven feet, and that the…
2Cited by10 opinions
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- Wagoner v. ObertOhio Court of Appeals · 2008
- McClaskey v. BarrU.S. Circuit Court for the District of Southern Ohio · 1890
- Wilberforce University v. College of Education & Industrial ArtsOhio Court of Appeals · 1948
- Heim v. WhitworthOhio Court of Appeals · 1927
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