Dukes v. Spangler
Ohio Supreme Court
Error to the District Court of "Wood county. On March 12, 1875, Elvira Dukes filed, in the Court of Common Pleas of Wood county, a petition against Nancy D. Spangler, and George W. 'Spangler, her husband. The object of the action was to quiet the plaintiff’s title to two hundred and forty acres of land in that county, of which she has the possession, the defendant, Nancy, claiming an estate therein.
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Error to the District Court of "Wood county. On March 12, 1875, Elvira Dukes filed, in the Court of Common Pleas of Wood county, a petition against Nancy D. Spangler, and George W. 'Spangler, her husband. The object of the action was to quiet the plaintiff’s title to two hundred and forty acres of land in that county, of which she has the possession, the defendant, Nancy, claiming an estate therein. The case was appealed to the district court, where it was heard on the petition, amended answer, reply, and testimony. And the district court, having heard the plaintiff’s testimony, dismissed the…
1Opinion of the CourtOkey, J.
At the conclusion of the plaintiff’s testimony, the court dismissed the action. The question is, therefore, whether the plaintiff' had presented a case which, prima facie, entitled her to the relief demanded.
The character of the conveyance, being in the nature of a settlement, is such as the law will sustain. Crooks v. Crooks, 34 Ohio St. 610; Dale v. Lincoln, 62 Ill. 22. And it could make no difference, even as to creditors, much less as to the defendant Nancy, that Dukes was indebted, when the conveyance was made, in sums amounting, in the aggregate, perhaps, to $10,000 ; for the property…
2Cases cited6 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Knight v. ThayerMassachusetts Supreme Judicial Court · 1878
- Dale v. LincolnIllinois Supreme Court · 1871
- Cranmer v. PorterCalifornia Supreme Court · 1871
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1815
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