Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-04-11

Hon. Josiah Scott, Chief Justice; Hon hilton sutf
Hon. VIM. Y. Peck, Hon. VIM. Y. Ghoson, and Hon ia
l.. j. CRIrcHrIELp, Reporter.
GENBRAL D0UKET. z = V3ba q
No. ia Amos Kyle ct al. v. Harris Thompson's Ad
mnstrators Civil action Reserved in Morrow county
| BRINKERHoFP j.. 9sah
Where T.. purchaser Of land at q sale in partition
mortgage to secure the purchase money and
after the execution OF such mortgage but before the
was flied Tor record, entered into contract in writing
for the sale Of the land to w. who at the time OF entering
into such contract had notice OF the mortgage; and
before hing bad been done between 4. and W. to.
wards the execution OF the contract Of SALE the mortgage
| was duly flied for record Held: 80 -
L. That prior 20 anything being done towards the ex-
Of the contract sale the equities Of the mort
gagees n the unrecorded mortgage last equal to
those Of W., and from he moment the mortgsse was
fled for record Ii became legal lien and
notice OF The encu nbrance It created, against W.
g. Where after the liog Of such mortgage for record
W. proceeds to the execution of his contract pur-
chase, by receiving from T. cony,yance,- taxing pos
money and giving his two notes drawn payable to 4, or
order, to secure the baspce teieoL and t., bayi1g
without endorsement delivered each Of said notes to
different third as collateral securities dies Dsolv
eDt,-
Hed-That in proceeding against W. to enforce the
mortgage lien, and all parties In interest being before the
court, W. is entitled TO enjoin collection Of 90 much
OF the note last falling due may be necessary to cover
the mortgaga encumbrance.
3. That the note first falling due was p,fsra facis
enueu 10 De nIst pAi hnu u any iact or circumstance
existed which, in equity, would change this presump.
uon, the burden Of proving such fact or
rests on he holder Of the note last fatins due "a
Judgment forpaintif, order Of mi JUNCTION against
defendant, James Thompson. s--s
James Jones ct al v. Clement Brown. Error 10 Dis
trict Court OF Madison County. n
GHoLsoE j. al1Ha |
|. A uo,e specifying no time Of payment but proyid.
ing tor Interest, at the ae per cent. from date iu
tersst to be pad annually, is IN legal effect a,aos i'm
mediately. 1, ~ ,af f.s--rA -
.. Where, at the Il ue Of ths negotiation o. loan,
there wa undefs. landing that interest," was
~ be pad annually In e0vavce, In idon TO the high
est eai rae to be expressed ia the note aud to paid
at the e1d Of any year H which the loan continued
1t beinge ntempad " coLtinue the loan from year TO
year. st the wish Of the upon the terms stated
bu 10 secure the loap, note with surees was given
terest and that the interests III annually, vas
In legal effect payable Held, that the un,
Of tne parties was control led ~ the tei ms
of The note and that the Riving time Afterwards in pur
luance Of the undestandips, was not givipgtime I'M
Ter an obligatory centfact ana did nos di'cpAe the
.. Mecomb V. Kittrdge, "A Ohio, sis, cited and ex
blamed.
suTLIpv ]. dssentsS, and BRINKEBHosy, .doubted.
No. 40. James Woolwofth Ct d. v. John Brincker.
Error 70 District Court Of Piekaway county. Pf tuI
petition by the surely upon a Judgment, for an IN
JUNCTION against i collection from him. alleged that
rior TO ils rendition, AZ was agreed between W. the
reditor aud the principal Without the assent Of the
uIety, that erscfto1 shoatd 30 stayed for sipfv days,
her, that q. should have the privilege fa5 0s
Tod, OF collecting and delivering certain books TO W.
ho was 10 receive the same In payment or seid iudr
lent; and II was also alleged that ~ a snbse quent
greement between w. and o. made Without tch assent
tfhs surety, W. vss'o receive Qf notes With surety,