Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-03-16
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| ! '1sdsK .q IRoRRIofAL REPORT zisinas Won
iBoa'ig s5 ;oa bgov ysai Tussplr, March II, 1861.
Hon Josiah Scott, Chief Justice, Hon. Milton sutlIa,
Hon WIN, W Peck, Hon. VIM. Y. Gholson and Hon. ia.
cob Brinkerhon Judges. 1osl &c glsgar5
LrJ. CRrTcHynIp, Reporter.
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lso5s DIV li5uodENEItAl DooKETSs IAHogOaq
4 NO. llA John win,smuts VI HenryIA, dontgSn-
Ac.lSn icr the fecosery o. real property reserved
n ~ n,,nlns royS Heldgsoq haa es ob ion
l. The saying Of the rishtto commence new adtion
within one year after non suit under the sixth section
IL the act Of February 49, 1891 limitation Of
actions 10 to arising under the second
section of the act Of March "o give additional
security 70 land titles In this Shte."t i.sll a,
when, prior to the adoption Of the code of ciy pro-
os 81 ior II Il he name s
isssos bf the fctous plan Of the party holding the
tiesa titie and from whom his equitable title derived,
and Il non sued and, pending the acon Of ejectment,
rocu red from he lessor Of the plaintiff In that action
of the legal title to himself be may within
one year after such non-suit commence action in
nnSsr s e s ,Ta ms %
By The Of The second section o. said act
of Islp may have expired The saving Of the act In
the piaiptiH 70 the arst action the
w Ts,Ssssl 70 ~ s15sy , AID ford u.
1apgei o. ST. n. 404, followed and approved, NJ
Jldgment Tor plaintG and case remapded 70 District
With leave 10 defendant proceed In that Court
ppdsr the act for the relief Of occupying claimants Of
mo. lis. VIM. H. Days ct al. v. Mary Davis. Error
TO Muskingum Common Pleas. Reserved 10 Muskngum
IsiPrcKJ ned---lAtAA ~ ~ 1taV%D - tIhls
That the entry Of election By widow IN me Pro-
b,o court 10 tke under viii of
need not show d67rmative the Judge had explain
ed TO her the prdvlSioDa offho viii c and that IN the
absence OF ayerment proof to tho contrary, such ex-
planatlon will be presumed.
the journal Al her instance cannot afterwards, and
within year from the probate, be set aside BY her az
| pleasure. ,
O. The probate Judge has no authority to cancel on
aiect6n prtviouy made and entered upon his journal
for i'm alleged mistake Of the party 30 electng as TO the
lproysops and effect ssof Vie will. .saa, .ashi
Such election when made aud recorded, can be va
catad only on petition the Court Of Common Pleas or
'other court having general equity Jurisdiction, NJ
Judamont Of Muakingum- Common Pleas reNersedy
ana the Judgment Of the Probate Court Of thatcOuniy
eiESsfi So, 10 sbtsss Nosdbay sal,y. Ehssi. Mar
u reserved ia uDiadst gourtf Erie county.
M. the vito of r., In January jS45, was entitled to
fund Al leeatee OF her afer Before the fund was re-
ased :. IL and II. unite in an agreement @ piaes the
Hand IA NE hapds of n as trustee, with directions S
to ne and ss sss,s e is ns ssI sd n. r.
or the ssd III ahaii die, 1t shall be the duty Of the said
n 10 collect the interest aforesaid, pay he same
either 10 tie said M, II living, OF 70 her cnildren and
Illegal n e event Of her 0ecease and in
three Year, from The death p either p&g, a. aforesaid,
the said h. shall collect ard oys N ne same man
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