New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-13

estate without words Of perpetuy, so that oeus
took only life estate, and the VIII tnen saso o
legacies which II directed should be pa'd 70 ,lo
raj eeatees within eight years out OF the reh es.5'
hela that these words did not enlarge the estate %
tenants for life into fee simple, because they cn.spi
the lepacies upon the land alone aud nov upon ',e
visees personally, nor upon them In respect 20 e
Judgment reversed and new trial awarded |o'S -
Inks va TSsoa-The giving of a note 10 presumpuvs
evidence of the settlement and rehnqulsnueu' VI 81
rior demands az the maker Of the note against the
MAYER Judgment affirmed, with costs
S,pbsns va Rspnolds-The prohibition OF the Connt
tuition against lease: OF asrcuurs anos aon snv
nerod than 2 years in which should be reserved any
rent does not include the grant OF HE estate TESTIFY
Ing 10 the grantor agreement that the gan'se WIZ
support and maintain her during lie Judgment al
III M.oJv. york-JJnder the decision of TTaseon We.
King AT the last Term held, that the mortgage IA t
case Is not good for future advances Judgment al
frmed, with costs ,.,o5 90 h. nm
bsbtuaI gambler Is not competent TO DO appolnted an
Administrator under the statute whcn foroios Tue grau
Of letters To one who Is incompetent oy reason Oh
drunkenness, mproyidence, or want oi uhuciS'an
Judgment affirmed, with costs
Bacon vs. Cropsey, Sheriff, Sc.-Where Sheriff has
proceeded upon execution as II was Valid by levy
Ing on defendants property, aud aftsrward returning
the execution nuHG bona, In action against him for
false return Is not incompetent for him 10 set up as
defense that the execution was void. Having acted
upon valid execution, and executed 1t as aucn, ne
is estopped from denying It's validity. Judgment al
frmed, with costs
PTssel VS.. Pist0r.-When the owner of land gave
mortgage on the whole premises, and afterward sold
the land different times, and In several parcels and
on his sale of the first parcel conveyed to the
mortgage. which the grantee assumed to pay, sucn
grantee cannot Insist upon the foreclosure OF the mort
gage the rule requiring sale on the foreclosure In
the inverse order of alienation because there 10 on him
q personal oblis alton TO pay the mortgage which may
be enforced against him by his grantor, and by the
grantees Of the rest Of the premises Judgment aarm
ed with cOAts.
BrosB VS. Lyons-A devise of land TO A, to have and
20 hold TO her during her life and then to descend 70
the heirs of her body and their heirs and assigns
forever gavsto an etate tail in the premises which,
under our statute became converted into an estate In
fee simple Judgment affirmed, with costs
King and Harsha Burr.-The holder OF prior In
cumbrance cannot be affected by any arrangements
made between the owner of the land and subsequent
incumbrance, even though in satisfaction thereof the
fee Of the land may be conveyed TO such younger cred
tor. Judgment affirmed. with costs
Yan Antoerp and pie We. Clones Where an attor.
ney has been employed obtain money belonging TO
minor and after recovering it. he obtains an appoint
ment her general guardian, he cannot on the settle
Of his accounts such guardian, before the sur
roeate claim an allowance for his compensation for the
services thus rendered by him before his appointment
Judgment affirmed, with costs
Hill and Allrich vs. Mohapk and Hudson Railroad
Co-Where under a statute authorizing an appraisal
which the mig sustain by taking their lands
the company In their application for such appraisal did
not any privileges or reservations as reserved 10
the respect TO the road, II ia not competent
for the appraisers 10 take such pvegesor reservations
into consideration; therefore an appraisal In such case
which stated II made on the basis and condition that
the owners are to be at liberty to lay out and open
street the road and remove fences or obstruc
tons TO such street and TO drain under the road void
because such privileges were not named In the appca
ton for appraisal therefore not binding on the compa
ny. Judgment affirmed, with costs.
Blydenbarsh vs. BrOvR-Where a mortgage had
been assigned by the MORTGAGE as collateral security
for the debt wing by him. to an amount much less
the amount of the mortgage, and the same has been
done with the knowledge and consent Of the nortgager
release of the equity of redemption By the nortgayer
to the mortgage does not exdngush the mortgage or
the debt thereby secured In the hands Of the assignee
10 the amount of the debt owing 10 him. Judgment Al
! frmed, with costs
Chapman vs. HEhe, Receiuer &c "A draft of country
Bank on city Bank, in which it kept fund or deposit
is bill of exchange and not check, and does not op-
transfer the fund any part OF 10 the drawer
fthe bill Judgmentreversed, with costs Ia the Court
below.
vender of drugs vends article poisonous In ts charac
ter without the label mark Poison upon IL re-
quired by statute but with false label upon It, I'm
plying that rs not POISONOUS he Is liable 10 action lor
da nages TO the party using and injured by it, And il
makes no difference that II shall have passed through
several hands before it is used by the party Injured or
IL in cumbent upon the injured party prove any neg
gence that the article has not been changed since
1t was first put up and labeled Such charge, when It
exists as defense must be established by The original
vender and manufacturer Judgment affirmed with costs
Lunch and loife We. Liriasston- Judge or Commits
sioner In taking the acknowledgment proof of
deed acts lns,erally and not udicsly, aud his act IL
not rendered void In any way affected by the fact
that he related the parties TO the deed In any OF the
degrees of consangunity which disqualiy Judge
from acting The of the County Clerk In certifying
to a certificate of acknowledgment, Is ministerial act
and may be performed by deputy. II 10 co npeent for
wife 10 transfer her separate estate To her husband
through the fundamentally of conveyance from her TO
a third person. and from that person 10 the husband.
Such conveyance is not good as covenant 10 stand
seized 10 uses because there Is consideration OF blood
or marriage but it good bargain and sale Jddg
nent affirmed with costs.