The Tiffin tribune. [volume] (Tiffin, Ohio) 1848-1859, 1858-12-17
Common Plens cenrt t...oet. Term.


FRrDAY, Dec 3d.-The criminal Sasee, set for
this term all boing disposed Of, the civil case d
G. W Lutz VS.. jacob Binc, actiop in Eicctment
came up for hearing. Plaintiff sues for a strip o.
land containing about IA acres, lying between
him an i Defendantand being in possession Oft
latter This is the second trial Of this casei al
first trial verdict was rendered fcr Plaintiff
| A large number Of witnesses are in attendanc,
and it is expected to occupy the attention Of the
court for three or four days. Lee & Watson for
Plaintiff Pillars & Hall Tor Defendant.
SATuRDAY.-The above case occupied time up
to three o'clock when che court adjourned till
Monday.
sISu WEEK.
MoSDAy, Dec. 9Th The above case occupied
the entire day charge delivered to the jury at II
o'clc ck p, m.
Tui spNY, Dec. 7th.-The Jury rendered a yer.
Gict in the above case for Plaintiff upon which
Judo ment was rendered and an order made to put
Plain iii in possession Of the and
The next case for hearing wis that of Henry
Smith v s. John Ewalt. Suit brought 20 recover
damages for the flowing Of lands. The case oc-
oupied the entire day.
ncn, lAroRY IN COURT coSflNUEb.
The next al ID last case Of the session was tina
Of Margaret Ha ndly 1t Al. vs.. VIM NJ. johnson
Ex'r. This case we mentioned in Ia former report
Il will be romtmbt red that John Handy deed
made will in which he bequeathed a certain
amount of property 10 the sayingof massesin the
Roman Catholic Church. for the benefit of suffer
ing souls in Purgatory Contest ofwl." The
plaintiffs filed their Petition, showing that they
are thc heirs at law Of 9Oha Handy deceased
that when he made his will ho was not capableo Of
mal,ing will. They also claimed that items
.'sifth" & "sixth" of said will, as given below,
are void, and ask that they may have the prop
erty attempted to be dispostd Of in these itCm'.
As the last term Of the court jury affirmed the
will Th, eau.o having been continue uutil this
term, it was further heard upon the prayer OF the
Plaintiffs 10 set aside thetwo fjllowing itsms Of
the will:
Sec filth" at is my will and hereby de.
wise and be9ueath that the balance of the pro
ceeds of my said real estate after the FIVE hun
dred dollars aforesaid shall by my Executor D,
put and kept at interest, and the interest theroo
annually after paying the expenses and chargci
an conducting the same, shall be applied, hrst 3,
the hearing Of Mt least five masses in the Roman
Catholic Church, and service said for the repose o
my soul, and secondly, the balance of said iutar
est 10 the hearing Of masses said in said churcl
for the repose Of souls suffering in Purgatory."
Sec 9Th. at is my will that after my death
! my said Executor shall sell and dispose Of my
said horses heretofore excepted in such manner
and at such time as he shall think proper, anC
the proceeds of the sale of the same insert with,
and the same as the balance Of the proceeds O
the real estate as aforesaid"
The court held that the devise was not to any
one in being or to the heirs Of any Sne in being
Also that the provisions of the two clauses wer
uncertain and not susceptible of execution by
their own provisions.
The two clauses were set aside and property
decreed to Plaintiffs. WP.& H. Noble, & lie
& Brewer for Plaintiffs. Stem & johnson q
X. Wslson for Defendant.
The jury in the Smith & Ewalt case hriled +
agree and were discharged at 9 o'clock P. NJ
Whereupon the court after session of sii
weeks, during which it disposed of one hundre,
and eleven motions, tried and rendered judgmen
in one hundred and fifty-six civil cases; tried an,
rendered Judgment in eleven criminal cases, dis
missed eight, sentenced two criminals to Peniten
tiary, two to county jail and naturalized sixty
nine Acknowledgement SINE DIE.