Maynard's Lessee v. Cable

Ohio Supreme Court

Maynard's Lessee v. Cable

1 Wright 18

DecidedJuly 1, 1831

StatusPublished

This text of 1 Wright 18 (Maynard's 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

Maynard's Lessee v. Cable, 1 Wright 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. 335 ; 13 East. 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. 335 ; 13 East. 210 ; 9 John. 267 ; 7 T. R. 83.

Nonsuit entered.

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Bluebook (online)

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

Opinion

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