Ohio Reports Volume 18

Ohio Reports Volume 18

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ... of section one of the act of descents; and, therefore, the succession to her estate in those lands must be governed by that section. It is not claimed that this court has ever decided that, within the meaning of the act of 1857, or any other act, the husband was the ancestor of his wife; but this court having decided in difl'erent cases that a collateral kinsman, or even a child or grandchild, might, within the meaning of the previous acts, be an ancestor, and in so deciding enunciated a rule, that "any one from whom the estate was inheritable" might be an ancestor, and " the ancestor from whom the estate came was he from whom it was immediately inherited." Prickett v. Parker, 3 Ohio St. 394. It is claimed that this V case must be governed by that rule. The fallacy in this claim or argument is, giving to a general rule, enunciated in a decision, or deduced from decisions, the effect of a statutory enactment, and upon a question of its application, looking to the words of the rule, instead of the facts and circumstances, the nature of the cases, in which the decisions were made. 2 Austin on J urisp. 357. For the rule in determining the effect of a decided case, see Le Fmwe v. Malcomson, 1 H. L. '0. 637-655; WilIinson-v. Page, 6 M. & G. 1012-1015; Campbell v. Maclcey, 1 My. & Cr. 603. 3. There being certainly no case in which this court has decided that a husband is an ancestor of a wit'e, within the meaning of the statute of descents, and the only expression of opinion found in our reports being to the contrary (Birney Y Wilson, 11 Ohio St. 426-431), the question really presented-and so it was regarded in that case--is, whether there be such an analogy between a case like the present, arising under an...
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Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236798899
  • 9781236798893