Landis v. Marsh

Citations

• 22 Ohio C.C. Dec. 399

Syllabus

<p>CURTESY — PLEADING.</p> <p>1. Estate by Curtesy Extinguished by Death op Claimant’s Wife before Life Tenant.</p> <p>An estate by curtesy cannot be had in lands, the possession for life of which was held by intestate’s widow who died in 1895, nearly twenty years after the death of claimant’s wife, a daughter of intestate, such daughter’s having no estate in, or right to, possession therein at her death, the husband’s right was thereby extinguished.</p> <p>2. Petition for Assignment of Curtesy is Demurrable.</p> <p>Demurrer lies to a petition .to assign curtesy in la,nd for the reason that no such proceeding is now known to the law, and when it appears that the claimant is not a remainderman or in possession as required by Gen. Code 11901, the action cannot be sustained as one to quiet title. H</p> <p>[Syllabus approved by the court.]</p>