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

Cases that cite this one

1 later published case cites this decision.

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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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