Executors of Leiby v. Wolf

Ohio Supreme Court
Executors of Leiby v. Wolf, 10 Ohio St. 83 (Ohio 1840)
Lane

Executors of Leiby v. Wolf

Opinion of the Court

Lane, C. J.

Whenever the state of the title on record would lead a searcher of incumbrances, who was using common prudence and care in investigating the title, to a knowledge of the fact, the law assumes that he acquired the knowledge of it. A purchaser’, therefore, from Wolf, ought to learn all conveyances, from Wolf, existing on record at the time- of his purchase.

But where the series of deeds runs on a line entirely different, and there is nothing to connect the name or the interests of a third person with any part of it, it would be unreasonable to im*85pule to the searcher a knowledge of the acts of such third person. Here Wolf was not in the connection of title at all; Loring, searching for incumbrances, would, be led, first, to Samuel S. Smith ; next, to Marcus Smith, and third, to the commissioners, 85] without any indication of Wolf’s interests,- or *the notice of any fact showing his relation to the estate. It seems that such a purchaser should be protected from claims which no ordinary prudence could detect.

■Bill dismissed.

Reference

Full Case Name
The Executors of George Leiby v. Jacob Wolf
Cited By
5 cases
Status
Published