Lessee v. Cable

Ohio Supreme Court

Lessee v. Cable

1 Ohio Ch. 18

DecidedAugust 15, 1831

StatusPublished

This text of 1 Ohio Ch. 18 (Lessee v. Cable) 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

Lessee v. Cable, 1 Ohio Ch. 18 (Ohio 1831).

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Opinion

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. R. 335; 13 East. R. 210; 9 John. 267; 7 T. R. 83.

Nonsuit entered.

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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. R. 335; 13 East. R. 210; 9 John. 267; 7 T. R. 83.

Nonsuit entered.

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Bluebook (online)

1 Ohio Ch. 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lessee-v-cable-ohio-1831.

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