Burnley v. Stevenson

24 Ohio St. 474 (1873)

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Nature of the Case

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Facts

General Scott agreed to convey certain lands to Evans in return for his services as a surveyor. After the services were performed but before the lands were conveyed, Scott died. Evans sued for specific performance in Kentucky. That court then ordered the heirs and legal representatives, over whom it had jurisdiction, to convey the land to Evans. A commissioner appointed by the court accomplished that task by signing the conveyance. Ps, claiming through Scott’s heirs and legal representatives are now suing in Ohio to recover possession of the lands. D, in his answer, sets forth that he got the title from Evan, lawfully. P then filed an answer to which D demurred, and that was sustained. P then appealed that demurrer. Judgment was given D, and the District Court affirmed that.