F. A. REQUARTH CO. v. STATE

No. 73-721.

38 Ohio St. 2d 77 (1974)

F. A. REQUARTH CO., APPELLEE, v. THE STATE OF OHIO ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 24, 1974.


Attorney(s) appearing for the Case

Messrs. Smith and Schnacke, Mr. Paul E. Lacouture, Mr. James J. Gilvary and Messrs. Shively, Shively & Shively, for appellee.

Mr. William J. Brown, attorney general, Mr. Charles S. Rawlings, Mr. James W. Drake, city attorney, and Mr. Edward Mr. Taylor, Jr., for appellants.


HERBERT, J.

Both lower courts concluded that the fee simple title to the lands in question had remained in the Backus trustees, or their heirs, and that appellee obtained title to the properties by adverse possession. We agree with this resolution of the dispute and affirm the Court of Appeals' judgment.

With respect to the realty consisting of the Basin Extension Canal, the state argues that the enactment of the special Act in 1849, as well as the occupancy...

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