Ohio State Reports Volume 40

Ohio State Reports Volume 40

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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. 1884 edition. Excerpt: ...Smith, withheld from the sureties. These were matters of. fact which the jury should have been left to determine. If once established, they made a good defense for the sureties. Dinsmore, Trustee, v. Tidball et al., 34 Ohio St., 311. We therefore agree with the district court in reversing the judgment of the common pleas, and as this error necessitates a reversal, we have not considered other alleged errors. Where a woman, having no children by her surviving husband, died, leaving issue by a former marriage and an estate which did not come to herfrom her surviving husband or his ancestors: Held, -that under Section 17 of the Act of March 14, 1853 (S. & C., 504), as amended March 1, 1869, (66 Ohio L., 21; Rev'. Stats. 4176), the surviving husband is not entitled to curtesy in her estate, notwithstanding she had devised the same to her grandchildren. ERROR to the.District Court of Portage County. Barker brought suit in the common pleas of Portage county against the plaintiffs in error to recover possession of certain real estate which was owned by his wife at the time of her death; and which he claimed by the curtesy. The case was tried to a jury and resulted in verdict and judgment in his favor. A demurrer to the petition had been overruled and exception noted. Thus the material facts are admitted on the record and are substantially these: In 1878 Tirza Hopkins, a widow, married Barker, and in 1879 died seized of the land in controversy, which had not come to her from Barker orhis ancestors. She left only one child who was a son by a former marriage-, and who had four children. She devised $300 to her son and the real estate to two of her grandchildren. On error to the district court the judgment was afiirmed. The...show more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236827155
  • 9781236827159