Robb v. Lessee of Irwin
Ohio Supreme Court
This case is brought before this Court by Writ ok Error to the Court of Common Pleas of Hamilton county. The action was an action of ejectment, for certain premises described in the declaration. Robb, the tenant in possession, appeared in Court, entered into the common consent rule, and filed the plea of not-guilty.
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This case is brought before this Court by Writ ok Error to the Court of Common Pleas of Hamilton county. The action was an action of ejectment, for certain premises described in the declaration. Robb, the tenant in possession, appeared in Court, entered into the common consent rule, and filed the plea of not-guilty. At the November term, the case was submitted to the Court for determination, and upon hearing, the Court found the issue joined in favor of the then plaintiff, and entered a judgment accordingly. The then defendant, now plaintiff in error, thereupon tendered a bill of exceptions,…
1Dissent
Read, J.,’
dissenting. I am of .opinion- that notice to the. heirs was necessary to give jurisdiction under the act of 1824, and that no notice was given to the lessors of the plaintiff affording them an .opportunity to resist the application for a sale of their lands. . .
■ A majority of the Court, however, hold that proceedings by administrators to subject lands to the payment of debts .have always been,' and .are now, in.rem, and not of an ádversary character; and that- full jurisdiction -is acquired when the petition is presented, so that all the owners of land; whether minors' or adults,…
2Cases cited3 opinions
- Chase v. HathawayMassachusetts Supreme Judicial Court · 1817
- Bustard v. GatesCourt of Appeals of Kentucky · 1836
- Smith v. BurlingameU.S. Circuit Court for the District of Rhode Island · 1825