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action adverse possession affirmed agent agreed agreement amount annotation appeared appellant apply assessment authority Bank benefit bond building charge claim compensation constitutional construction contract contractor corporation court death debt decision defendant determined effect entitled evidence execution express fact fraud given grand jury ground heirs held holding intention interest issue judgment jurisdiction jurors land liability lien limits marriage Mass material matter ment mortgage named obligation Ohio operate opinion owner paid parties payment person plaintiff present proceedings protection purchaser question rates reason received recover reference reinsurance release rule secured signature signed statute supra surety SW 2d tion tract trial trust United valid witnesses York