Toledo, St. L. & W. Ry. v. Turney

Citations

• 18 Ohio C.C. Dec. 110
• 7 Ohio C.C. (n.s.) 370

Syllabus

<p>DEEDS — EJECTMENT.</p> <p>Parker, Hull and Haynes, JJ.</p> <p>Ejectment will not Lie at Instance of Vendok who has Failed to Make Deed to Vendee.</p> <p>A plaintiff in ejectment cannot recover on the weakness of the defendant’s title, but only on the strength of his own; hence one who purchased certain realty from a railway company and took possession, making a part, payment for the same and giving his notes and mortgage for the balance, but who never received a deed therefor from such company and who never paid the notes or any of the taxes cannot be dispossessed in an action of ejectment brought by such company, inasmuch as it never performed its part of the contract.</p> <p>[Syllabus approved by the court.]</p>