Heffern v. Hack
Ohio Supreme Court
Error to the Circuit Court of Delaware county. Martin M. Heffern commenced his action, in the Delaware common pleas, against George Hack, to recover certain real property situated in that county, and the rents and profits received by the defendant while he held possession. The petition contains the necessary and usual averments in real actions of that character.
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Error to the Circuit Court of Delaware county. Martin M. Heffern commenced his action, in the Delaware common pleas, against George Hack, to recover certain real property situated in that county, and the rents and profits received by the defendant while he held possession. The petition contains the necessary and usual averments in real actions of that character. The answer denies those averments, and alleges title acquired by the defendant “by virtue of a forfeited land deed from the auditor of Delaware county,” and payment of taxes to a certain amount, by the defendant, since he obtained his…
1Opinion of the CourtWilliams, J.
The findings and judgment of the common pleas court established the plaintiff’s title to the land in controversy, and the invalidity of the tax *166sale and auditor’s deed under which the defendant claimed. They also established that, upon an accurate statement of an account of the rents and profits received by the defendant from the property during his occupancy under the tax deed, and of the total amount of taxes to which he was entitled, with interest to the time of the judgment, there was a balance due the plaintiff, if the one may be lawfully set off against the other. There was no record…
2Cases cited1 opinion
- Johnson v. StewartOhio Supreme Court · 1876