Ramsdall v. Craighill
Ohio Supreme Court
9 Ohio Reports 197 (1839)
- Written by Jenny Perry, JD
Facts
Gabriel Villard died intestate, leaving his widow, Josette, and three daughters as his heirs at law. Using proceeds from Villard’s estate, Josette bought a tract of land. Charles Bebo bought an adjoining parcel, and Josette and Bebo later married and sold the two parcels to General Lytle. Using proceeds from that sale, Bebo purchased a property from Jacob Ramsdall (plaintiff) and received a deed for it. Josette knew her name was not on the deed but did not complain about it then. Later, however, Josette claimed an interest in the property because it had been purchased, in part, with her proceeds from the sale to Lytle. Bebo agreed with Josette, but nothing was done about it. Although the deed was never recorded, it remained in Bebo’s possession until his death and then in Josette’s possession until she died. Josette willed her real and personal property to one of the daughters from her marriage to Villard and the daughter’s husband, John Valicot. Josette’s daughter and Valicot released their claim to the property to Ramsdall, who brought an action to quiet title to the real estate. W.B. Craighill (defendant) was the administrator of Bebo’s estate and claimed possession of the disputed parcel. Two days after Ramsdall filed his quiet-title action, Craighill sold the land, in compliance with an order of the court of common pleas, to pay Bebo’s debts, which exceeded the value of his estate. Ramsdall argued that Bebo had defrauded Josette by taking title in his own name and that equity should declare so much of the property as was purchased with Josette’s funds to have been passed to Valicot and Josette’s daughter and then released to Ramsdall.
Rule of Law
Issue
Holding and Reasoning (Wood, J.)
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