Legal Opinion

Lessee of Nash v. Atherton

Ohio Supreme Court

Decided December 15, 1840PublishedCited by 11 opinions

This is an action of ejectment from the county of Brown. On the trial the plaintiff gave in evidence to the jury a 164] ^patent for certain real estate, which is claimed to be, in part, the land in controversy, dated in 1804, and purported to convey land surveyed for John Bartlet. The defendant claimed title under a patent bearing date at a subsequent period, and which was issued on the survey of Thomas Perkins.

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This is an action of ejectment from the county of Brown. On the trial the plaintiff gave in evidence to the jury a 164] ^patent for certain real estate, which is claimed to be, in part, the land in controversy, dated in 1804, and purported to convey land surveyed for John Bartlet. The defendant claimed title under a patent bearing date at a subsequent period, and which was issued on the survey of Thomas Perkins. The question was a question of boundary, depending upon the construction of these patents, with the entries and surveys upon which they were based, in connection with other testimony…

1Opinion of the CourtHitchcock, J.

This case involves principles which are important, and upon its correct decision must depend in some measure the security of titles within the Yirginia military district, which at the best, have been heretofore considered as somewhat precarious, and have been, and still continue to be, subjected to much litigation ; and we should extremely regret to make any decision which could be considered as an innovation upon any of the rules-*168which have been heretofore established with respect to these titles. And we have examined this case with more than ordinary care, in consequence of the confidence…

2Cited by11 opinions

  1. Stellwagen v. ClumCourt of Appeals for the Sixth Circuit · 1914
  2. Citizens National Bank v. WehrleErie Circuit Court · 1897
  3. Citizens National Bank v. WehrleOhio Circuit Courts · 1897
  4. Cross v. CarstensOhio Supreme Court · 1892
  5. Farmers' National Bank of Canfield v. MillerMahoning Circuit Court · 1894

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