Callen v. Ellison
Ohio Supreme Court
Appeal. Reserved in the district court of Adams county. This was a petition for partition of certain land. The petitioners, among others, were heirs at law of Andrew Boyd, deceased, to whose heirs a patent issued for the land.
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Appeal. Reserved in the district court of Adams county. This was a petition for partition of certain land. The petitioners, among others, were heirs at law of Andrew Boyd, deceased, to whose heirs a patent issued for the land. Rebecca Callen claimed one seventh, as patentee under the United States, Robert, Samuel and Eliza McClure, one seventh by descent from Ann McClure, who was one of the original patentees, and Jane Rosen and Andrew Mills, one seventh, by descent from Margaret Mills, also one of the original patentees. The defendant contested the title” of the petitioners. The following…
1Opinion of the Court
G'holsoN, J..The remark is frequently found in judicial opinions, that, to give validity to the judgment of a court, there must be jurisdiction of the cause and of the person. Jurisdiction of the cause arises out of some right or claim to a thing within the territorial jurisdiction of the court; or, out of some controversy between parties — involving the claim of *453one or the other, for the performance of some act, as the payment of money, the transfer of property, or the doing or omission or forbearance to do some act — which controversy the court is invested with authority to decide. When a…
2Cases cited1 opinion
- Cohens v. VirginiaSupreme Court of the United States · 1821
3Cited by27 opinions
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- Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
- Peyton v. PeytonWashington Supreme Court · 1902
- United States v. Safeway Stores, Inc.Court of Appeals for the Tenth Circuit · 1944
- Bowyer v. KnappWest Virginia Supreme Court · 1879
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