Longworth's Lessee v. Wolfinger

Ohio Supreme Court

Longworth's Lessee v. Wolfinger

1 Wright 216, 1 Ohio Ch. 216

DecidedApril 15, 1833

StatusPublished

This text of 1 Wright 216 (Longworth's Lessee v. Wolfinger) 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

Longworth's Lessee v. Wolfinger, 1 Wright 216, 1 Ohio Ch. 216 (Ohio 1833).

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Opinion

BY THE COURT.

It is well settled that a tenant must first restore his landlord’s possession, before he can set up an outstanding title to property . occupied as a tenant. The case in 3 Peters, 44, creates an exception to this rule ; but the case on trial is not within that exception. In that case, there had been a disclaimer of the landlord’s title, and an adverse possession. The right to sell by the representative of the personalty, is not an adverse title to that of the intestate, but the same title. The testimony is excluded.

Verdict for the plaintiff.

Motion for a new trial overruled.

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BY THE COURT.

It is well settled that a tenant must first restore his landlord’s possession, before he can set up an outstanding title to property . occupied as a tenant. The case in 3 Peters, 44, creates an exception to this rule ; but the case on trial is not within that exception. In that case, there had been a disclaimer of the landlord’s title, and an adverse possession. The right to sell by the representative of the personalty, is not an adverse title to that of the intestate, but the same title. The testimony is excluded.

Verdict for the plaintiff.

Motion for a new trial overruled.

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Bluebook (online)

1 Wright 216, 1 Ohio Ch. 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/longworths-lessee-v-wolfinger-ohio-1833.