BABIN v. ASHLAND

No. 33419.

160 Ohio St. 328 (1953)

BABIN, APPELLANT, v. CITY OF ASHLAND ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 16, 1953.


Attorney(s) appearing for the Case

Messrs. Babin & Fink and Messrs. Lutz & Puglisi, for appellant.

Mr. Paul L. Chorpening, for appellee city of Ashland.

Mr. C. William O'Neill, attorney general, and Mr. Ralph Klapp, for appellee Attorney General.


TAFT, J.

The questions to be determined on this appeal are (1) whether the city has legal title to the east 22 feet of the property which it agreed to convey to plaintiff and (2), if so, whether the city has power to sell that part of that real estate.

A casual reading of the provisions of Sections 6 and 8 of the Act of 1831 might indicate some inconsistency between them. For example, section 6 vested the fee "in the city or town corporate" whereas section...

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