Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1836-01-01
COURT IN BANK.
Monday, Dec. I 1885

Court met-preseCt, all the Judges -
Adjourned until tomorrow, nine O'clock.
Tuesday Dec. s
Thomas LETTERS Heirs, gs Henry Rev
no!ds.-Champaigne Judge Hitchcock
delivered the opinion ofthe Contt Where
at the time of the forfeiture oflands for
the non.pay of taxes, their ancestors
| was IN life, bat died before the sale; held
that the infant heirs my redeem, and
without paving for improvements mag e
within two years from the purchase for
taxes.
Miami Exporting Company, VS., Heirs
Of HALEY d others Hamilton. Judge
Wood delivered the opinion of the Courr;
Judgment, IN the life time ofa debtor hold
ing real estate; sale by administrator of
such debtor made IrregUlarly; creditor
may proceed by scire faciaS against the
heirs and purchaser in possession, tore
vive Iheiudgment and have execution "a.
warded against the lands.
Administrators deed attested by one
witness, does not convey title,
Wednesday, Dec. Q.
State Of Ohio, on relation OF A. G.
Brown, vs.. Robert e. onstabIe--Alhens
Motion for Mandamus Judge Hitch
cock delivered theopinon of the Court;
Held, the law does not authorizean elec.
ton of Recorder until the October elec.
tion noxt after the term of office of lhe
incumbent has expired, or until, in some
other way, an actual vacancy has occur,
red. Peremptory Mandamus awarded.
Leese, d. G, g. G. Mccullough, VS..
Wm. Lee-Harrison Judge Wood De.
Iivered the opInionio of the Court; - Held,
where, ander the Statue of Descents of
22d February, 1905, an infant died seiz-
ed Of an estate inherited from the father,
leaving neither brother or sister, the mo
Iher inherited the estate, as next ofkin,
to the conclusion Of the fathers sister,
Judgment for defendant.
Arthur Dunn, VS.. VIM. Evans, and 9th
ers, Belmont, Judge Lane delivered d
the opinion ofthe Court: Held, that where
A inherts lands by descent from his faith
er, dies intestate and without issue, or
brotheror sister, and the estate passes TO
his uncles and aunts, as next kin of the
blood ofthe ancestor from whom the es.
tate came e;--the mother of a agaiu mar
ries and has issue, the estate is transferred
10 such issue, and the right of uncles and
aunts divested, Bill dismissed.
Lessee Of HambliGs, and others, vs.,
Bevsns and Reynolds --Knox.--Judge
Collett delivered the opinion ofthe Court:
Held, that decree in application for
divorce and for alImony, assigning lands
as alimoDy, only binds the land assigned
from the e'try of the decree where the
specific lands are not described iD the pc
tition: that the record book of the Recor
der Of Deeds, when brought into Court,
Is evidence to the same extent that Ger
( tilted copy would be; that mistake in
reciting the judgment or execution, in a
Sheriff's deed, does not invahdate such
deed, Now trial granted.
Thursday, Dec. 10
| josiah 0sburn, VS.. State Of Ohio. -
ClermOnt. Judge Wood, delivered
the opinion of the Court; Held,
|. 10 trial for perjury, il is sufi-
cientto produce the original book Of
records, to prove the proceedings, in
which the perjury was committed.
9. The admission, on the trial ofev
idence irrelevant and immaterial, and
witch does not prejudiCe the rights Of
the accused, is not sufficient ground
for reversing The judgment.
8. A bill of exceptions that doe:
not specify that the matterexcspted to
prejudiced the party excepting, will
not be noticed.
4. Il is not error 10 refuse permis
sions to The jury to take with them ia
consultation the record book given in
evidence where they are permitted Il
examine il 10 Court.
S. A commitment 10 custody, fol
not giving bail, upon defective ordel
made during the trial, is no grount
for reversing the judgment,