Ohio History Journal

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A biography of Governor Lucas and the outlining of an im-

portant and fiercely contested case through the Courts of Ohio,

in the form of a petition to the legislature, by the plaintiff, Major

Caleb Stark, appears in this issue of the Quarterly. They appear

in conjunction, since they both came from the same source, and

are unquestionably of the same authorship. The unique character

and vigorous ability, the distinguished and valuable service for

the State of Ohio by Governor Lucas, in this campaign paper

by a close and intimate friend, in full sympathy with his political

views, by a man trained to accuracy and fidelity to truth in state-

ment, -was never better set forth, or safer to be drawn from

by future historians.

Our attention was first called to this law case by a former

Judge of the Supreme Court of Ohio, referring to it as one of the

leading and important cases, decided by a Court of distinguished

ability and legal acumen, determining rights of property of great

value to Ohio, and accepted as authority since then by rulings of

other courts in numerous cases that have arisen in other States

and Territories.

On consultation with the State Law Library, it was found,

that the only record of this case, preserved by the State, was the

following brief synopsis:

John Stark's Lesses vs. Smith:-

Fifth Ohio Report Supreme Court, pp. 455.

Land granted A. and taken possession by B. whose possession is not

protected by the statue of limitations: Proof that B. purchased the

warrents of A. before their location, located them and paid taxes not

admissible to raise the presumption of a conveyance from A. to B.

Inquiry for further details in the case, in the form of peti-

tions, answers, etc., placed on file in such cases, developed the

fact that they were all lost by the burning of the "Old State