Heller v. Hawley

Citations

• 18 Ohio C.C. Dec. 678
• 8 Ohio C.C. (n.s.) 265
• 1905 Ohio Misc. LEXIS 290

Syllabus

<p>ADVERSE POSSESSION — EJECTMENT.</p> <p>Marvin, Winch and Henry, JJ.</p> <p>1. Plaintiff in Ejectment may not Show Defective Title in Defendant, Arising from a Common Predecessor unless Defendant Claims Title from such Predecessor.</p> <p>In a suit in ejectment, where the defendant admits possession and asserts title hy adverse possession, she and her grantors having been in adverse possession for over thirty-five years and having claimed the premises, it is error to allow the plaintiff to introduce evidence tending to show that the same person from whom he claimed a record title is also the predecessor of the defendant hy mesne conveyances improperly containing in their descriptions the land in dispute. ■ He could show such failure of title in the defendant, subsequent to their common predecessor, only on a claim by the defendant of title coming originally from such common predecessor.</p> <p>2. Adverse Possession need not be “Undisputed.”</p> <p>It is error for the court to charge that adverse possession sufficient to establish title must he not only “open, notorious, continuous, and adverse,” but also “undisputed.”</p> <p>[Syllabus approved hy the court.]</p>