Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-11-24
snnrnrne Conr, Of nhIo.


Joseph Masury William Southworth ct al,
On petition in error to the District Court of
Cuyahoge CO. ...N
l. An assignee of reversion, having also
assigned to him by the terms Of his contract
or conveyance, the benefit Of the covenants in
lease may bring an action in his own name.
for breach Of such covenants, as the party
benefcially interested, under the code Of civil
procedure which in this respect supplies the
statute 80, II. 8 cap. a.
2 A covenant to insure, when the money
realized in case of loss, is to be expended in re-
building or repair, is such q covenant as may
run with the land.
When such a covenant to insure has for
its object building to be erected after the date
ofthe lease, but which when erected is to used
by the lessee, and is an essential ingredient in
tho agreement of the parties for the creation Of
the estate, il is not indispensable to make such
a covenant run with tho land, that "assignees"
shu ud be expressly named; but the covenant
being one which may be annexed to the estate,
and run with the land, equivalent words, OF
clear intent shown by the whole instrument,
may suffice.
Judgment reversed.
John Rossman VS.. Noah G. Mcfarland. Err
ror to District Court of Butler county.
d
signed all its effects to three trustees, McC. NJ.
d O., among which was joint and several ncte
of McC & j., as principals, and r asssurety
for 5000 After it's maturity, the makers gave
a new note of like character and by way Of
renewal, to assiqnees at 80 days The last
note was not paid at maturity, and was retain
ed by the assiRnees for several years, during
which period the principals became insolveRt.
The asslRnees then transferred it 10 F. for coll
lection merely. F. brought suit thereon against
R., and on the trial r offered to prove III at the
bank made the assignment, with INTENT to pre-.
vent the Bank Commissioners from closing up
its affairs, under the acts of Feb 25, 1889 and
March %, ls40, which testimony was ruled
out by the Court. Held
lst. That such proof was properly excluded
by the Court.
? That an action might be maintained on
said note, in the names of The Gssignses, against
r., although one OF them was also maker ol
the note. ID.
3. TIL at there was no such suspension of
right of action upon the note in the hands o
the assignees, as authorizes the Court to hold
the note, assets, in the hands Of the trustees ol
either of them
The case of Bigelow We. Bigelow, A Ohio
1873, does not apply TO cases Of jOiRt and ssUerG
notes where only one of the makers becomes
trustee of the payee.
Judgment affirmed.
Scott, j., having formerly been of Counsel
did not sit in this case
Lewis d. W ebb'A Admir- vs.. Anna Rolf and
others In error to the District Court Of Mia
ma county.
Sutlif, IA being in embarrassed circum
stances and having received advancements Oc
casionally from B. his mother, voluntarily exc
cuted his note to her for the amount, and secured
in payment by mortgage on his real estate
A. afterwards paid off all his creditors, exeep
the mortgage, and some years thereafter dice
insolvsnt The mortgage assigned the mote
and mortgage to As children in consideration
of love and affection On petition by AS ad
ministTator to set aside the mortgage as fraudu
lent and to sell the lands to pay debts Hello
Ist That mortgage is a conveyance within
the statute of frauds and perjuries of 1910
: ID That conveyance within the meaun
= of the statute is void only as against creditors
: 3d. That conveyance made without consid
Grafton by one indebted at the time, can not b
: avoided by subsequent creditors without show
ing actual fraud or secret trust for the benef
: OF the grantor. Judgment affirmed
The city of Canton VS.. Martin Mist, Erro
to the Court Of Common Pleas of Stark county
8 Scott j., Held: That an ordinance of a mu
t nicipal corporation, prohibiting, under penal
ty, the opening Of shops, DC, for the PurPos
Of business on Sunday, without excepting case
Of necessity and charity, and without exempt
ing from its operation persons who conscier
- tiously observe the seventh day of the week a
n the Sabbath, is inconsistent with the laws Q
the State, and therefore void.
Judgment affirmed.
/, Alexander H. Burgess, v. Isaac Everett
q Error to the Common Pleas of Hooking Co.
: Brinkerhof. G. ]. Held:
The benefits of the 9Th section Of the act {
d March 23d. 1850, ITO exempt the homestead {
families from forced sale on execution" &c
e extend, and are confined, to PRESIDENT Of Ohi'
b being the head of family, and not the owne
= Of homestead" /" and who is the owner of on
Z or more of three classes of chattels, to wi
d mechanical tools, team, and farming uiensil
n and who is holding such articles of proPert.
: whether belonging to one or more of the'
. classes, in good faith for use as instrument
u Of labor and means Of support for himself an
n family.
!. Judgment and order of the Court below su
tanning demurrer TO petition, reversed, on
'' cause Temandsd for further proceedings
Court adjourned without day,