Ohio Supreme Court January 15, 1846 (Jones v. Smith)

Wood, C. J.

We havo looked into the pleadings in this case with deliberation and care, and can see no reason why a different opinion should be entertained than that which was expressed on the trial of the case on the circuit. Suppose the court erred in rejecting the deed, the nonsuit should not be disturbed, unless a verdict in favor of the plaintiff will lay the ^foundation for a legal judgment.