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Burnley v. Stevenson

Ohio Supreme Court

24 Ohio St. 474 (1873)

Facts

Evans worked as a surveyor for General Scott. In exchange, General Scott agreed to convey certain property in Ohio to Evans. General Scott died before conveying the property, and Evans sued General Scott’s heirs (plaintiffs) in Kentucky. The trial court in Kentucky found in favor of Evans, ordered specific performance of the contract to convey the property, and had a judicial commissioner actually execute and deliver a deed conveying the property. Later, General Scott’s heirs sued Evans’s heirs in Ohio to get the property back.

Rule of Law

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Issue

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Holding and Reasoning (McIlvaine, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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