Lamb v. Rickets
Ohio Supreme Court
This is a bill in chancery from Coshocton county. The bill sets forth, in substance, that on April 13, 1837, a written agreement was entered into, under the hands and seals of the parties, by which the complainant bargained and sold to the respondent lot No. 2.16, in the town of Coshocton, with the improve-merits thereon, immediate possession, rents, etc.
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This is a bill in chancery from Coshocton county. The bill sets forth, in substance, that on April 13, 1837, a written agreement was entered into, under the hands and seals of the parties, by which the complainant bargained and sold to the respondent lot No. 2.16, in the town of Coshocton, with the improve-merits thereon, immediate possession, rents, etc. That, in consideration thereof, the respondent bargained and sold to the complainant the tract of land lying east of the town of Coshocton, and adjoining the out-lots, known as the Hamlin lot, containing forty-two acres, more or less; and…
1Opinion of the CourtWood, J.
It is very clear if the Hamlin lot contained fifty-two acres, when conveyed to the complainant in exchange for lot No. 216, the contract is satisfied by merger in the deed, and the complainant has no rights to enforce in the case at bar.
It was the manifest intention of the parties, as arising upon the face of the agreement, that no more than the quantity, fifty-two acres, was, in any event, to be conveyed by the respondent, unless contained in the Hamlin lot; but it was supposed by the parties there was not so much in that tract, and the deficiency not being ascertained, the proviso was…
2Cited by9 opinions
- Ray v. City Bank & Trust Co. of Natchez, MississippiDistrict Court, S.D. Ohio · 1973
- Hale v. Milwaukee Dock Co.Wisconsin Supreme Court · 1872
- M'Neil v. HillU.S. Circuit Court for the District of Minnesota · 1865
- Minor v. SmithOhio Supreme Court · 1861
- Adams v. Merchants' National BankU.S. Circuit Court for the District of Indiana · 1880
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