Amrich v. Boyle

• Decision Date: 28 February 1940
• Docket Number: 27737.
• Citation: 25 N.E.2d 850,136 Ohio St. 325
• Parties: AMRICH et al. v. BOYLE, Co. Treas., et al. HARMAN et al. v. SAME.
• Court: Ohio Supreme Court

25 N.E.2d 850

136 Ohio St. 325

AMRICH et al. v. BOYLE, Co. Treas., et al.

HARMAN et al. v. SAME.

No. 27737.

Supreme Court of Ohio

February 28, 1940

Syllabus by the Court.

Where owners of land registered under the Ohio Torrens Act Sections 8572-1 to 8572-118, General Code (103 Ohio Laws, p 914), sign petitions requesting a municipality to make street improvements abutting on their properties, and pursuant thereto such improvements are made and assessments levied and certified to the county auditor but the clerk of council fails to certify the assessment rolls or notice of passage by council of the resolutions and no memorial of the same is spread on the respective Torrens certificates of title to such lands, as required by Section 8572-56, General Code (103 Ohio Laws, p. 942), such land owners are estopped from asserting such failure as a basis for injunctive relief from the collection of such assessments.

Appeal from Court of Appeals, Cuyahoga County.

Plaintiffs are owners of land registered under the Torrens Act, Section 8572-1 et seq., General Code (103 Ohio Laws, p. 914). Some of these plaintiffs, and the only ones concerned here, signed petitions requesting the city of Parma to make improvements by laying pavement in front of their properties, the cost to be assessed on a foot front basis. Pursuant thereto the improvements were installed and the city auditor certified the assessments to the county auditor but the clerk of council failed to prepare and file with the county recorder the assessment roll or any notice of the passage of the resolutions by council, and no memorial of the same has been spread upon the respective Torrens certificates of title to such land as provided in Section 8572-56 General Code (repealed, 117 Ohio Laws, p. 480).

Later, plaintiffs filed this action in the Court of Common Pleas of Cuyahoga county to restrain the city and county officials from proceeding with the certification, levying and collection of the assessments, on the ground that there had been a complete failure to comply with Section 56 of the Torrens Act, Section 8572-56, General Code. The Court of Common Pleas made a finding in favor of the defendants and denied the relief prayed for. Thereafter plaintiffs appealed the case upon questions of law to the Court of Appeals which reversed the judgment of the Court of Common Pleas and entered a final order in favor of plaintiffs. A motion to certify the record was granted by this court.

William C. Graves and Herschel G. Holland, both of Cleveland, for appellants.

Karl J. Ertle, of Cleveland, for appellees.

MYERS Judge.

Upon the threshold of the consideration of this cause we are met with the age-old maxim that he who seeks equity must do equity. This cause presents a question of equitable estoppel. The Torrens Land Registration Act is not a system designed to notify the owner himself of any liens or other encumbrances. Rather it is a...