Gutshall v. Salsberry

Ohio Supreme Court

Gutshall v. Salsberry

1 Wright 127, 1 Ohio Ch. 127

DecidedOctober 15, 1832

StatusPublished

This text of 1 Wright 127 (Gutshall v. Salsberry) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gutshall v. Salsberry, 1 Wright 127, 1 Ohio Ch. 127 (Ohio 1832).

Pincite

Opinion

BY THE COURT.

The complainant’s equity is established. The respondent had notice, and if he acquired any legal right at the sheriff’s sale, he took it subject to that equity, and holds it as trustee for the complainant., The claim of the respondent may, as a cloud upon the complainant’s title, affect his interest. The defendant is, therefore, decreed to release to the complainant half of the quarter section occupied by him, -within ninety days, and he is perpetually enjoined from proceeding at law to recover the possession of that half on his judgment, upon the complainant’s paying the costs of the suit at law.

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BY THE COURT.

The complainant’s equity is established. The respondent had notice, and if he acquired any legal right at the sheriff’s sale, he took it subject to that equity, and holds it as trustee for the complainant., The claim of the respondent may, as a cloud upon the complainant’s title, affect his interest. The defendant is, therefore, decreed to release to the complainant half of the quarter section occupied by him, -within ninety days, and he is perpetually enjoined from proceeding at law to recover the possession of that half on his judgment, upon the complainant’s paying the costs of the suit at law.

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Bluebook (online)

1 Wright 127, 1 Ohio Ch. 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gutshall-v-salsberry-ohio-1832.