Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1860-01-04
supreme Court of Ohio.
GENERAL DOCKET

1
No. SO. Robert Bentley vs.. William New
Ion. In error to the Court Of Common Pleas
Of Richland county. Reserved in the District
Court.
Sutliff, j., held
l. Virginia military district school lands held
under lease for ninety nine years renewable
forever, are subject to the operation of the
statute of limitations during the continuance
of the leasehold estate as we'll as after the
same has been merged in an eet4te in fee under
the act of January 2S, 1928, "to provide fol
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 certif-
Gates of purchase"
q 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 chancery so far as regards
the amount of such creditors Judgment, and
one OF the sections is sold under decree and
satisfies the judgment and costa, such decree
aud 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. &c. John A. Winkler vs. Charles W Hig-
gins. In error to the District Court of Scoto
county.
Satiif, ], Held: lst. That an Auditors
deed upon a sale Of lands for delinquent taxes,
containing only the following description, a
"tract of land in the county of Scioto, to wit:
one third part of the French Grant lot sixty
ak, containing seventy-two and half acres;"
and made upon a tax certificate containing
only the following description; "part lot Co.
Acres 72i;" is void Tor uncertainty.
I'd. That certificate of acknowledgment of
deed made "upOn q separate strip Of paper
attaching to the deed by wsfer, with the of.
fcer's seal upon the same by Commissioner of
Deeds in New York, appointed by the Governor
Of Ohio. under the act for appoiating commits.
sioners, passed January 26, 1874, is not q com.
plianee with statute requiring the officer tax
ing an acknowledgement to certify such ac-
acknowledgement on the same sheet on which
such deed is printed OF written"
Judgment reversed.
Peck, j., dissented as to the second PROPOSE
ton, n -.t
No, IS. John Floyd & Co. VS.. Christian
Smith. Enorto the District Court Of Holmes.
county.
Brinkerhoff. @. j.. held
Where debtor in contemplation Of insol.
vency, makes an assignmet Of property in trust
TO trustees, with the design to prefer one or
more creditors to the exclusion Of others. such
assignment, whether fraudulent or bona .fde, by
virtue of the act Of March IA, 1858, "declaring
the effect Of the assignments to trustees in con-
temptation Of Insolvency" is operative to pass
title 10 the assignee, is not void. and cannot
rightiully be 30 treated by creditors not enbrae.
ced within it's provisions.
Judgment affirmed.
| No. 81. Quinan and McCaRue vs. ThOmp
son. Error to the District Court of Brown
county. Judgment reversed upon the princi-
pies as to the rule Of damages decided in the
case Of Cincinnati vs.. Evans, Ohio st. Rep.
594
Stadden Crusen vs.. the State OF Ohio. Motion
for writ Of error to the Common Peas Of Lick.
ing county, to stay execution of sentence, and
10 take case out OF its order for hearing --Grant
ed ~
Court adjourned until tho frat Tuesday in
January.