, 1864-01-30
LAW INTELLIGENCE.
A Question Of Constructive Notice--A Stump
Tsn Srit.
Records or Gases In NIL tho Courts.

srrEmon CouRr-Bgore Chief Justice John u.
Nilson. In C1Gace4v:
An interesting question of constructive notice
has arisen ont Of the case Dgclow vs. Hatch,
which has been for some time pending Ia the Su-
pe1ior Street.
side. formerly owned by Samnel Fomeroy and for
which, about the year 1856, he made contract OF
sale to one uehbaugh. Ushbaugh paid oue-Eonr,h
down, the remainder Of the purchase money being
divided Into three equal payments :-dcod to be
given when the payments were complete. This
contract was not put on record, but Ushbaugh in:
nediately pnt the lands Into the hands Of Ke:foot
for Hale, who stuck up a board on the premises
should inquire Of Il. kerfoot i CO. Co. - f0''ua'o
e6aaed e
~ the Circuit Court, which became, Of course, .
lien against oil real estate In this coanty o which
the Court Of which It was entered For some dine
before and after tho recovery Of the Judgment the
not!ee to 1aschaserwe standing on tho promises:
by him TO Pony. Of Maryland, who made the re-
19alnln: payments and received the deed from
iomeio5, 5no whose tenant Is now the defendant
&a The Judgment ehtalned sss,9aat Poms.ey
20 property found. It then elcpt TIL 1862, when
another execution was issued, and a levy made
EPon me Land In cont1orcrsy followed by sale to
csiiRnss ns Rs.'s nooeF VINO" The plaintiff In e'e'msnt
The main point in tho case is in the eround
tea,d, before mentioned, npon tie premises w BY
hcffcoi was such 4 circumstancaas was calculated
20 put party seeking to deal with Pomeroy con-
to teeSme constructive notice 81 the saIs to Ua6-
's,ssgh: ,..,,-..-....,,
o ea bs liz eas 1os nes
lie defendant; the court being two to one-j9ase
Wilson bc!ng The descendant.
and caTe decision on ihis poinr Yesterday mos.
:pc IN favor Of he nla,utifrp 'n'sn-
auent bV he hanc us Haa upon IT, nT
IIeIvcy. Anthony i Cali Ior the dcIsndsut.
7Ios. D1r,nmonI .1ua1e 4' eoo''4-0oo'e Ho"'
OIshans ys LeWie ~ Il This Ia n anti nm n hi,
of eIchance' 1awn ia The usuaI farn, h. II thc ds.
a ~ ar On 'ns 49, 1snn banG q chicago On the
the n;sfntifs at St fnn;s nni imedint.ix nay ~
sni'ectinn ~ 'uen ~ 41aa q oeost VI ILLS e's lot
as s,a to 9pn Sect Te{ to soovs
, nut e;iango s, ~ns 50 seasee taas MINI y scott
etrnct,ons Amer Eeenne oui he ca7 ra9e nnj- ~
an,S the drsG1ions rsn ospaints, TOR !. about
Iouis. On the s;tS s Of s Juno . 0x lie ~ drais
% Mse aEa,m esat TO nc Loan n, and T1nst Company
~ s.1., h t.a o. !. q. tae counter OF
ta;i,n narcnt h,c 80 .ef,ona IN ~. s.a X,
wsa XXI aeE ~ = ,sIs mas ana taS 9nl
~ Of y91y PLAINTIFF again sent the bill TO the
hoan a and araet a H., VIII t9s sane results
anI ~ = a. ~ H. w. H.. ELL aac w. Wa
'ot ris;n,la3! 'han h-o,oh+ .n,. .rs,n.+
sho Irsis. m tbe a9ogn ss ~ neanc Tue X T.
prooi ID! tic assaaaass At shs tins of dr.Ene "
dehonor were iaree depos,tor. in the ih1e
bsLI-their deposits being made in Illinois
or o Ecr cu1rclc credited to them on ac-
lie sn1 ~ nneP nJ qsdaa iha qectto IN ~ he
con[ 'Gnnd ,,a, verdict for the plaintiff on the
End no reasonable @ gronud % to expect t6e paymsnt
of the draft would be made in gold, and that coa
dishoE or -,
having FesensidsEed it, Views held that the p1l1-
s1ples Of Law applicable to the case. were rs fol-
lst; That The defendants, at the time Of drawing
inc dfhtt, had right 10 expect. Under the circnm
elances proved. that It woujd hare been paid In
sp o. 'anos to the bank
"a. 1nal INC ratntn should have used diligence
~ Pa n.atas!E ns l r,s, ao suoa'u 1axe Gaaseo
,p ,ps az e. 'medialely upon the refusal OF
81 oIMH te ne 1li,, which zvaa mt ,,3shs x..,.
asy aitetnoon was granted, and the result is still
Feac1ngi FSsngg gr,o,, = noz+,, ,.,,.;u.,e
KsIes $Ga1i Wiams q sor11s f7 ean,ns 1o1 pnInsfh
e. ZEN; " In m4 convicted
" '19 aS1en1 s9 s9o US
he ens 70 ~ I'VE Gays in each
W Il tasru ~ 49, - eu..aiy ,i @ eun .i
et InaGs e,g ,n[ged upon the pris9ner the ProPri
1ea.a of retsement as %oni eonrs ~ H. III
emerge 'eso Ge.se tae S1Ia Haa Tan ~ ,as.
n E1sfe Is bsrsby Eiye1 thst there yin be meet
os3Gf o. ,s Az &c 6on5
TO the bylaws, and for other PURPOSES