Rosenthal v. Mayhugh
Ohio Supreme Court
Error to the District Court of Hamilton county. Clarissa Mayhugh. filed her petition for dower in certain-described lands in Cincinnati, of which, she claims that her late husband, George W. Mayhugh, was, during coverture,, seized in fee. Rosenthal, defendant in error, by his answer, claims to own and bold possession of said lands free from such dower.
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Error to the District Court of Hamilton county. Clarissa Mayhugh. filed her petition for dower in certain-described lands in Cincinnati, of which, she claims that her late husband, George W. Mayhugh, was, during coverture,, seized in fee. Rosenthal, defendant in error, by his answer, claims to own and bold possession of said lands free from such dower. He admits that prior to 1867, George W. Mayhugh, the husband of Clarissa, was seized of said lands,, but avers that on the 8th of February, 1867, Clarissa Mayhugh, and Charles R. and Benjamin F. Mayhugh, sons of herself and said George W., who…
1Opinion of the Court
Johnson, Chief Judge.
At the time this deed was made by Clarissa Mayb ugh and her sons, she was a married woman, though desei’ted and abandoned by her husband, whom she supposed dead.
The sons, being the only heirs apparent to their living father’s estate, should he die.intestate, had only a naked possibility, not coupled with any interest, and hence their •conveyance passed no title or intei’est in the laud. But as the deed contained covenants of general warranty, these *159covenants would, liad the land descended to them, have operated by way of estoppel, to pass their title to their grantee, his…
2Cases cited11 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Tevis v. YoungCourt of Appeals of Kentucky · 1858
- Rose v. BatesSupreme Court of Missouri · 1848
- Gregory v. PaulMassachusetts Supreme Judicial Court · 1818
- Blair v. . WaitNew York Court of Appeals · 1877
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