Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-01-05
supreme Court Of Ohio.
THURSDAY, Dec. %. 1889.


Nc 96. Robert Bentley VS.. William New
Ion. IN error to the Court Of Common Pleas
Of Riehland county. Reserved in the District
Court.
sutliff J., held
l. Virginia military district school lands held
under a lease for ninety nine years renewable
forever. are subject TO the operation of the
statute of limitations during the continuance
Of tho easehold estate as well as after the
same has been merged in an estate in fee under
The act Of January 2S, 1928, ito provide for
the sale Of lands granted by Congress for the
use Of schools within the Virginia military DIS
trict, and no authorize the lessees Of said land
to surrender their leases and receive certi6-
cates Of purchase"
2. Where judgment debtor holds two sec
tions Of said lands under leases and assigns, the
same in fraud Of his judgment creditor who has
the fraud declared in chanceTy far ss regards
the amount Of such creditors judgment, aDd
one OF the sections is sold under decree and
satisfies the judgment and costs, such decree
and declaration of fraud does not prevent the
statute of limitations from running IN favor OF
such assignee Of the two sections and those
claiming under him, as It regards the section
not sold under the decree and not needed to
satisfy such judgment.
Judgment affirmed.
No s. John A. Winkler vs.. Charles W Hg-
gins. In error to the District Court Of SclOto
county.
Sutiif. ] Held: lst. That an Auditors
deed upon sale Of lands for delinquent taxes
containing only the following description, a
sitract of land in the county of .SciotO, TO wit
one third part Of the French Grant lot sixty
six. containing seventy-tao and half acresi
and made upon a tax certificate containing
only the following description; ''Part lot GO -
Acres 72i;" is void for uncertainty.
ID. That a certificate of acknowledgment o
deed made "upon q separate strip Of paper
attaching to the deed by wsier,~With the OF
fcer's seal upon the same by Commissioner o
Deeds in New York, appointed by the Governor
Of Ohio, under the act for sppoiating commits
sioners, passed January 26, 1874, is not a com
plianee with statute requiring the officer TAX
np an acknowledgment to "certify such &C
knoH.edqment on the same sheet on which
such deed is ptinted or written"
Judgment reversed.
: Peck, J., dissented as to the second PROPOSE
tion.
No, 35. John Floyd d Co. VS.. Christian
Smith Euorto the District Court Of Holmes
county.
BrinksrhOff, O. j., held
Where debtor in contemplation Of insol
vsncy, makes an sssgnmet Of property in true
% trustees, with the design 10 prefer one o
more creditors to the exclusion Of others. sucl
assignment, whether fraudulent OF bona fde, b.
virtue Of the act Of March Ia, 1858, 'deelArinl
the effect Of The assignments to trustees in con
temptation ofinsolvsney," is operative to pas
title to the assignee, is not void, and canno
rightfuly be so treated by creditors not embraC
ced within its provisions.
Judgment affirmed.
No. 81 Quinan and McCague vs.. ThOmp
son. Error 10 the District Court Of Bros
county. Judgment reversed upon the prime
pies e to the rule Of damages decided in q
case Of Cincinnati vs.. Evans, Ohio St. Re-
594
Court adjourned until the first Tuesday
January.