Drake v. Rogers
Ohio Supreme Court
Error to the court of common pleas of Warren county Reserved in the district court. The defendant in error, John C. Rogers, an infant, by Robert R. Rogers, his next friend, on the 19th day of March, 1859, filed his petition against the plaintiffs in error, in the court of common pleas of Warren county, for the recovery of possession of certain lands, particularly described, situate in said county.
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Error to the court of common pleas of Warren county Reserved in the district court. The defendant in error, John C. Rogers, an infant, by Robert R. Rogers, his next friend, on the 19th day of March, 1859, filed his petition against the plaintiffs in error, in the court of common pleas of Warren county, for the recovery of possession of certain lands, particularly described, situate in said county. The petition is in the ordinary form under the code.- The plaintiffs in error, defendants below, answered the petition, denying the plaintiff’s seizen or ownership. Judgment was rendered for the…
1Opinion of the CourtSutliff, C. J.
The plaintiffs in error claim to have derived titled to the lands in controversy by inheritance from Mary Margaret Clayton, at her death, in March, 1856, under the statutes of descents, passed March 1858, then in force. That act provides as follows :
“Sec. I. That when any person shall die intestate, having title or right to any real estate of inheritance in this state, which title shall have come to such intestate, by descent, devise or deed of gift from any ancestor, such estate shall descend and pass in parcenary to his or her kindred in the following course:
“ First. — To the children of…
2Cases cited2 opinions
- Aldridge v. MontgomeryIndiana Supreme Court · 1857
- Dunn v. EvansOhio Supreme Court · 1835
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- Wayt v. DHSC, L.L.C. (Slip Opinion)Ohio Supreme Court · 2018
- Wells v. Twenty-First Street Realty Co.Court of Appeals for the Sixth Circuit · 1926
- Kirsheman v. PaulinOhio Supreme Court · 1951
- Cloud v. BruceIndiana Supreme Court · 1878
- President and Fellows of Harvard College v. JewettCourt of Appeals for the Sixth Circuit · 1925
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