Swearingen's Lessee v. Hawkenberry

Ohio Supreme Court

Swearingen's Lessee v. Hawkenberry

1 Wright 111, 1 Ohio Ch. 111

DecidedSeptember 15, 1832

StatusPublished

This text of 1 Wright 111 (Swearingen's Lessee v. Hawkenberry) 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

Swearingen's Lessee v. Hawkenberry, 1 Wright 111, 1 Ohio Ch. 111 (Ohio 1832).

Pincite

Opinion

BY THE COURT.

It would be better to show the preliminary steps to the issuing this certificate, before it is offered. When evidence is dejiendent upon testimony of some other act, that act should be first shown.

*BY THE COURT. If the paper offered is intended to per-[l 12 feet the chain of title which precedes the auditor’s sale, the lease may be evidence, but as the lessor of the plaintiff is only assignee of the lease, he must prove the assignment to himself as part of his title ; otherwise the assignment confers on him no authority to surrender. The auditor is only a ministerial officer. His acts rightfully done are binding: those he does without authority have no efficacy. You must prove the assignments, or you cannot get along.

The plaintiff not being able to prove all the assignments, a juror was withdrawn by consent, and the cause continued.

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BY THE COURT.

It would be better to show the preliminary steps to the issuing this certificate, before it is offered. When evidence is dejiendent upon testimony of some other act, that act should be first shown.

*BY THE COURT. If the paper offered is intended to per-[l 12 feet the chain of title which precedes the auditor’s sale, the lease may be evidence, but as the lessor of the plaintiff is only assignee of the lease, he must prove the assignment to himself as part of his title ; otherwise the assignment confers on him no authority to surrender. The auditor is only a ministerial officer. His acts rightfully done are binding: those he does without authority have no efficacy. You must prove the assignments, or you cannot get along.

The plaintiff not being able to prove all the assignments, a juror was withdrawn by consent, and the cause continued.

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Bluebook (online)

1 Wright 111, 1 Ohio Ch. 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swearingens-lessee-v-hawkenberry-ohio-1832.