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1 Wright 117

Gray v. Tappan

Ohio Supreme Court

Decided October 15, 1832

Ohio Supreme Court · decided 1832-10-15

In Chancery. One Holmes, in 1797, purchased lot No. 16, in Steubenville, of Wells, the proprietor of the town, and took a certificate of purchase. He afterwards sold his interest in the lot to Thomas Gray, put him into possession, and gave him an order on Wells for a deed, which he never presented. Thomas Gray sunk a well on the lot, and continued in possession till 1809. In 1805, he made a voluntary conveyance to his father, William Gray, then living in his family.

Decided 1832-10-15

LANE, J.

¶1This is a case of the holder of an equitable interest in a town lot, seeking the aid of this court to compel the holder of the fee to convey to him on the ground of his superior equity. T. Gray, embarrassed for the debts of others, conveyed the lot to his father, a member of his family, and insolvent, and continued himself in the use and possession as before, until the property was sold upon an execution against him. That sale passed the possession to the purchaser, and the judgment debtor cannot gainsay the title so acquired; 18. John. 94. The will of William Gray gave his property *118in Pennsylvania to Thomas Gray, while it devised the property in Ohio to T. Gray's children. The transaction appears to us fraudulent and void; hut if it were not, it is admitted to have been volun118] *tary. This court will not interfere where the right is founded in fraud, nor in favor of, or against mere volunteers, or where the claim is unconscientious. 1 Mad. Ch. 324, 5, 6; 1 Vesey, 9, 275; 1 Atk. 10; 3 Atk. 399; 18 Vesey, 149. The complainants show no merits to induce the court to interfere. They are not purchasers, nor have they parted with anything to obtain this title; 1 O. 326.

¶2The bill is dismissed.

¶3[Levy on land — judgment debtor cannot dispute buyer’s title; Scott v. Douglass, 7 O. 1st pt. 227, 228.

¶4Possession is a legal estate which passes by sale on execution; Canby v. Porter, 12 O. 79, 81.].

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