Maynard's Lessee v. Cable
Ohio Supreme Court
Ejectment. The lessor of the plaintiff, and the defendant, by written contract, dated the 16th February, 1829, agreed to exchange a lot in Annapolis, possessed by Maynard, fot land in Harrison county, possessed by Cable. Each was to take possession on the 1st of April then following, and each to make a deed to the other, in six months.
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Ejectment. The lessor of the plaintiff, and the defendant, by written contract, dated the 16th February, 1829, agreed to exchange a lot in Annapolis, possessed by Maynard, fot land in Harrison county, possessed by Cable. Each was to take possession on the 1st of April then following, and each to make a deed to the other, in six months. Under this agreement each party became possessed of the property he was to receive, and they each continued in possession when the suit was brought. It appeared that at the expiration of the six months after the date of the contract up to the bringing of suit…
1Opinion of the Court
BY THE COURT.
The entry of the defendant'was not tortious, but lawful. His covenant to convey is outstanding, and no means have been taken, by restoring the consideration, or otherwise, to rescind or annul the contract. The filing a declaration in ejectment does not, in our opinion, rescind the contract. In this class of cases some steps should be taken to determine the lawful possession of the defendant; some demand or notice should be given to the tenant, before suit is brought, and so are the authorities : 10 John. 335 ; 13 East. 210 ; 9 John. 267 ; 7 T. R. 83.
Nonsuit entered.
2Cases cited2 opinions
- Jackson ex dem. Livingston v. WilseyNew York Supreme Court · 1812
- Jackson ex dem. Livingston v. NivenNew York Supreme Court · 1813