The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-10-20
LAW REPORT.
SUPERIOR COURT. a..

a. In room No. Judge Spencer disposed Of
George Penn VS. I, Wheeler. Presented to do.
fendant's answer. The action was on promissory
note, given for tract of land and transferred to
plaintiff. The predicate Of the defense was that the
property was warranted free from incumbrance,
while In fact it was not, asuit was pending for
paying tax which the party asks may be set OFT
, ,helu-Ihat TINS was not defense to the action. If
the covenants of warranty were broken, the party
nad MS remedy upon him; or, il the amount OF in
in nonon Mns "a ana the defendant was
rantor, aDd q recovery was had in that case he
wonld be Justly entitled TO a set.of. But in the
present condition of the case the defense was not
we'll founded Demurrer sustained, and judgment
for plain tilf on the note. rsHe -
King and Thompson represented the parties.
ALLEGED NUIsANCE.- John Kleine VS.. Ii. W.
Poor aud others. Action to recover damages for an
alleged nuisance. Plaintiff alleges that he is in pos
Wood d-streets. and that defendants are In possess
PC sion ana have control Of adjoining premises, and
grade Of bs stree have caused psfS ow G o %ser
carrying with 1t large quantity Of filth, upon tho
pain,tif's property, damaging certain provisions,
Court-The alleged duty of defendants is supposed
to arise from this fact that they in possession
or Ssa
ance took place, and that they have only reverson
airy interest. The plaintiff interposes special de.
1t is not necessary to set forth what the nature Of
the interest Is, or that they had any 1t was enough
to deny the predicate Of the plaintiffs cause Of
By way of further Defense it is stated the plaintiff
erected on the adjoining lot pigsties and other nu
sances, and caused himself what he now com.
planned Of.
This defense is demurred, for the reason that de.
their respective Interests They are suod oisy All
1t is not necessary they should plead severally. The
answer is all sufficient for the petition, -. -
The Court further remarked that because q party
chooses to build house in an inconvenient location,
he can not compel his neghbor to Al up his lot to
9verrnled snelbakor for PLAINTIFF Strait Hollister
for defense. l.0. . III
l.. II. Claystone vs.. P. J. Atwater and Others Suit
on an Injunction bond Demurrer sustained.
Green vs. Atwster and others Action Of trover.
@, ACTloS oSS REpLEyIN BoSp.-R. Mathers (Ex,
Sheriff vs.. g. Il. Oheseldine, The suit was brought
bond given in the United States Court. The petition
ayers that the action was not prosecuted to e ct.
were the property of the plaintiff Qn that suiD and
not OF the defendants and that they failed In the
action IN consequence Of the charge made to the
terest in the prosecution of the suit aud that there
was any, It was 10 the Judgment creditors
Court-As to tho trst branch of the, defense-that
the plaintiffs in the former action failed to establish
their right In consequence of the charge of the
Courtthe question is res adjusticaa. and furnishes
no answer to the present action. The record of the
United States Court Is conclusive while it remains
usreversed As to the other question, the sheriff
t-a right to the possessiop we'll for The purpose
Of the execution in favor Of the Judgment creditor
as to secure bis own interest Where property is re-
pievied ont OF his hands, and bond given TO him
directly, he undoubtedly may sue on the bond at
common law, md ia q beneficial owner OF the prop
erty for the purposes of the suit. Demurrer over
ruled and judgment for plaintiff on the amount Of
the Judgment recorded in the United States Court
S2,a0. Exception taken. '-h
Brewer for plaintiff; Thompson & Nesmith for
defense
THE OHIO LIFE AND TRUsT COMPANY AssIGNEEs
Mr.. Reemein filed petition in room No.. of the
Superior Court asking 10 be discharged of the
Trustees of the Ohio Life Insurance and Trust Com
pany, on the ground Of private engagements and the
affairs being In condition wherein the services of
one Trustee would be sufficient
The Court took the papers, reserving any action
thereon for tho present. -'