Conger v. Atwood
Ohio Supreme Court
Error to the District Court of Summit county. Amancla Atwood brought an action, in Court of Common Pleas of Summit county, against Arthur L. Conger, administrator of Philo Atwood, deceased, and the heirs of said decedent.
Read the full summary
Error to the District Court of Summit county. Amancla Atwood brought an action, in Court of Common Pleas of Summit county, against Arthur L. Conger, administrator of Philo Atwood, deceased, and the heirs of said decedent. The petition is as follows: “The plaintiff says: 1. She is the widow of said .Philo Atwood, deceased, who died intestate on the 10th day of March, 1870, seized in fee simple of lot number 10 in block number 28, in the city of Akron, in said county. 2. At the time of his death said lot was, and for some years past before then had been, the homestead and occupied by him as the…
1Opinion of the CourtDay, J.
The controversy in the case arises upon demurrer to the original petition. The question is, whether the plaintiff below is entitled to recover, of the administrator ■of her deceased husband, the rents received by him for the mansion-house of her deceased husband, accruing during the year after his death previous to the assignment of her ■dower, and appropriated by him to the payment of the ■debts of the decedent? Two leading propositions are involved in the consideration of this question: 1. "Was the widow entitled to the rents in question ? • 2. If so, can she recover of the administrator,…
2Cases cited11 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- De Valengin's Administrators v. DuffySupreme Court of the United States · 1840
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Inge v. MurphySupreme Court of Alabama · 1848
- Wall v. . Kellogg's ExecutorsNew York Court of Appeals · 1857
6 more not listed; retrieve them via the Exa API.