Ohio Supreme Court, 1834

Midllesworth v. Robinson

Midllesworth v. Robinson
Ohio Supreme Court · Decided May 15, 1834 · Lane
1 Wright 552; 1 Ohio Ch. 552

Midllesworth v. Robinson

Opinion of the Court

LANE, J.

We do not discover the error of the court below, which injured the plaintiff in error on which he has reason to complain — if that court erred, in our opinion, it erred in being too favorable to the plaintiff in error. A mortgagor has an interest in the subject of the mortgage, which he can protect by suit. The hag- was at large, in the actual possession of neither the plaintiff below, nor Schofield; by construction of law, he was in thepossession of his owner; and if Robinson was the owner, any use or abuse of him inconsistent with the ownership will enable him to support trover. 'The judgment is affirmed, with costs.

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