Strong v. Lehmer
Ohio Supreme Court
Reserved in the district court of Darke county. The plaintiff, on the 28th February, 1855, filed his petition, in the court of common pleas of Darke county, to recover possession from the defendant of a tract of land described in the petition.
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Reserved in the district court of Darke county. The plaintiff, on the 28th February, 1855, filed his petition, in the court of common pleas of Darke county, to recover possession from the defendant of a tract of land described in the petition. The petition states the title of the plaintiff to be a-patent from the-United States, dated July 12,1845, the same being recorded in the-recorder’s office of the county on the 30th December, 1854. The defendant, in answer to the petition, admits that he is in possession of the land, and states that previous to the second day of May, 1836, the parcel of…
1Opinion of the Court
*Gholson, J.
This case presents a conflict between two titles, both purporting to emanate from the government. The plaintiff claims under a patent from the United States. The defendant claims under a deed from the State of Ohio, which has been *77confirmed, first by an act of Congress, and afterward by an act. of the legislature of the state. Either title being out of the way, the other would be regarded as good and sufficient.
"Without taking into view the question of priority in point of time, which would involve the consideration whether the confirmation is to be regarded as the beginning of…
2Cases cited8 opinions
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
- Matheson's Admin. v. Grant's Admin.Supreme Court of the United States · 1844
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