Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-04-08
sUPREmE CoURT OF ONO.


F 6ESERAL DOCKET.
Oeastpf Cincinnati. :
", in selling his hreweryto H. &B,, conveyed the
real estate by Decd therein describing the premises
by metes and bounds, tho consideration stated being
$4,000 and by bill Of sale sold and transferred,
among other articles, the property in controversy
for Reconsideration Of $4,000 and received from
real estate moTgaEs the Description ion therein therein
the S II hs Y
'9ttel mortgages upon the property included in the
i Of sale--Heid; 80. y
I. That the deed, bill Of sale, and MORTGAGE having
been executed IT the, same time, and parts oi the
same transaction. each should be held 10 have been
designed by the parties 10 perform its appropriate
Office in eonspinniating the sale. l
chattel mortgages, under the agreement as evidence
cd by said instruments, the property, included in
the bill Of sale. is to be regarded as personally.
3. Whether certain articles Of personal property
which were afterwards added to the brewery by H,
b. could be removed without material injury TO the
Freehold or DESTROYING their own qualities Or value
the Court below was conflicting; and no sufficient
grounds are shown in the record for disturbingthe
findings and Judgment Of that Court.
Street Railway Company v. The Incorporated Vii
lage Of Cumminsyille, and others. sz853s4
l. 4 Village % Incorporated for tho special purpose
Of being road district is not one Of the municipal
corporations whose consent TO the construction OF
wsy Is rsqqTSd S hs s s socon g. the
poation necessary under the 7t6 section Of that act
when the railway j. lra upon the road bed Of
ment with such company.
Q. Authority to lay down the necessary structure
for street railway "a 10 conmsn highysy Of street
Tor hire, may bc lawfully granted to company
incorporated for that purpose. when no private
right of the adjoining lot owners IL thereby Jun
4. Tho legislature may authorize the occupation Of
the easement originally acquired by grant, or APP
u any manner sssnls'ed e further tho
vert it to purposes which exclude tho original uses,
or lay additional burdens upon the land, or destroy
or impair the incident easements Of adjoining lot
5. This interest Of adjoining lot owners Is proper
ty, protected by the constitutions subject to bc
taken or appropriated only upon the condition that
20 Ohio st. H.. 459, followed and approved
Q. When the public authorities have taken posses
sion Of astreet or highway, and regularly defined tho
interests and improvements necessary for the use OF
the public. by establishing grades. Co.. lot owners
have the right to make their improv in refer
ence thereto. and no subsequent change, which OBJ
structs impairs access 10 such improvements can
be lawfully made without compensatingfor the in
jury.
from laying street railroad track near the sidewalk
In front Of the owners house, shop etc.. Is in way
qualified or affected by tho further fact also found
that when the interests OF the company, and Of the
general travelling public, are also takon into the
count, the location would be as little injurious in
any other part Of the highway.
Judgment reversed, and petition as TO tho villige
Of Cumminsville dismissed. AS to the other plain
tiffs, perpetual injunction awarded.
The State Of Ohio OK rel. Robert NJ. Shoemaker VS..
The Trustees Of Goshen Township, in Champagp
County. Mandamus TO compel Trustees TO levy tax
to pay interest on township bonds.
Scott J.-Held:
!. That under the act Of March q 1885, to incorpo
,tat Sx.rsn fall and EolI Qaslr
ny, as U. L. 29D and Tie act of March IS, 1851 Ito
authorize special elections TO decide the question Of
subscription to the Springfield and Mansfield railroad
by counties and townships" (49 D. L. 54S the trus-
tees Of Goshen township were authorized to submit
the question Of subscription by said township TO
the capital stock of said company. TO the electors Of
the township TO be voted on at the time OF the
al election in October, 1861 no steps having been
previously taken by the Commissioners Of Cham
pagn county to procure vote OF the electors of the
county, on the question of county subscription
9. The grant Of power 70 the Trustees to borrow
money for the purpose Of paying the amount sub
scribed, carried with 1t the necessary incidental pow
debtedness sanctioned by the known usages Of
business, in such cases aud it was, therefore, COM
petent for the Trustees to issue the negotiable bonds
of the township in payment for the stock subscribed
and il is ground Of objection that such bonds were
delivered direct TO the company. ut par, by way Of
making such payment. ..,F.
terms, payable TO the company its assignees and
a stipulation was added reserving to the township
the right to require the railroad company to take the
the bonds so issued-Held: That this reservation
was q contract between the township and the COM
pany alone. which could not Affect the right Of the
bona fde assignee of the bonds for value TO require
payment Of the bonds by the township.
4. Acts Of subsequent acquiescence and ratifca-
tion will estop the township from obecting to the
validity Of the bonds in the hands Of assigneeor
value. who has taken them the faith Of such ac-
quesccnce on account Of any irregularities attend
ing their execution and issuing short Of such alb
Of power, such illegality as would render
them absolutely void-and notice Of such irregulari-
ties on the part Of the assignee, will not defeat the
estoppel. ,r -, rrr,,
No. 93 Catharino Browder v. James A. Browder
ct al Error to the Common Pleas Of Greene county.
A certificate Of acknowledgment Of deed executed
by husband and wife, under the act Of Feb. %. 1891
Swans Stat. 3o9-in the words following is suifi-
"The State Of Ohio, Greene county, SIS.
"On this 10Th day Of February, 1885. Hector s.
Browder. and Catharine, his wife. the grantors
in the deed Of
peace and for said county, and seyerally acknowl
edged the signing and sealing Of the same as their
act and deed f95 the purposes therein expressed
the contents of said deed and being by me examined
separate and apart from hor husband. declared that
she voluntarily and Of her STn free will and accord,
now doth. acknowledge the signing and sealing
"Giycn under my hand and seal the day and year
Judgment affirmed. 80
No. s5, William Machirand wife OF al. v. Charles
Burroughs, Error to the Superior Court Of Mont
Brinksrhoif, g. j.. Held, 10 h5i - s77ef
Of the instrument Of settlement, may, by her con-
tract and, without the consent of trustees in whom