Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-05-11
sUPREME coURw oI, OHIO.
TunspAY. May 0, 1865

\ - M
" TURsDAY. May 0, 1865.
Hon. jacob Brinkerhof, Chief Justice; Hon. Josiah
Scott, Hon. William White, Hon. John Welch ,l
Esq. Reporter. 4. Sheppard, Clerk.
NN GENERAL DOCKET.
No. 75 John b Gazner and wife v. Michael
Hsrbin and wife. Reserved in Seneca county. re-
No II Board of Education Of Cumminsville v.
Frederic Parker. Error TO Superior Court OF Gin
cinnati. Judgment reversed and cause remanded.
No. 73.. Kate McBain v. Daniel McBain ct al.
Reserved from District Court of Lucas county.
Where an order confirming sale by the Sheriff TO
plaintiff in execution, reversed IN error after the
gal onveyance by the purchaser the title, if any,
acquired by the Sherif's deed, is divested by the
order of reversal 'ci
The wife Of such purchaser, receiving from him q
decd to herself for the premises after the execu-
tion Of the Sherifs deed and before the reversal,
in consideration Of fherchoses and moneys, previous
ly reduced to bis po session with the intention to
convey said promises to her in consideration there
for, but without any contract binding him to do so,
cannot in equity compela conveyance OF the legal
title.by the defendantin execution. 70, wv kANf
Parties TO proceedings in partition acquire no new
title thereby, and where they are made such by pub,
LEGATION, without actual notice. they not estopped
thereby from setting up their legal title
No. 70. L. A. Bassett v. D. A. Army ct al Petit
tion in error Reserved in the District Court of
Wood county.
l. That the sending by party, before purchasing
negotiable note, TO the makers for information re-
specting its validity does not authorize the decara-
tons given in response to such inquiry but not com
municated TO purchaser, to be given in evidence
to charge him with noticethat the note was without
consideration, or obtained by fraud.
2. That notice Of defenses to negotiable instru-
ment does not affect an indorsee in no way respons-
Bile for the wrong in obtaining, quitting the nstru-
ment in circulation. and whose tteis derived from
Ill hal IL. akarU 1nf faNahh anEE etu
Judgment reversed, and cause remanded to the
Court of Common Pleas for further proceedings.
No. 90. X. q. Evans v. James 5. lDgersol. Error
to the DISTRICT Courtof Ouyahosa county. 3 ~
That the seizure of water under the act to
authorize proceedings against the same by name,
subsequently, discharged and delivered TO the owner
upon bond, in accordance with the fifth section of
that act does not create len paramount to the title
of purchaser Of part of such craft Of an under
writer where such craft had been abandOnedto such
underwrter under an insurance effected, and wreck
occurring after such discharge.
Judgment affirmed.
No. II. Philip Grandin's Exr v. Israel Anderson
and John Hoderfeld. Reserved in the District
Court Sttf Of Belmont + county. IE rg TUr
q. sold lands to A. and gave bond for convey
auce upon payment of the purchase money. A.,
thereupon sold In like manner portion of the prem
ses to b. and aterward sold the residue at the same
time, to two several purchasers, giving title bond
to EACH. Subsequently, A. received conveyance of
the whole premises from g., and, at the same time
to secure balance of purchase money owing by him,
executed mortgage upon that part of the premises
only which had been sold to one Of the last two pur
cbasers. The purchaser of tho mortgaged, premises
was, at the time, indebted on his Purchasein sum
greater than the mortgage debt. The mortgage hay
ing been duly recorded, the purchasers Of the
numbered portion of the land subsequently complet
ed their payments, and received cOnveyances from
A. Several years afterward, the purchaser Of the
mortgage, completed his payments, and received
like conveyance from A. Upon suit brought to
foreclose the mortgage
Held
That the grantee of the morgaged premises held
the same subject TO the full incumbrance Of the
mortgage, and that no vendors lien existed In the
case which would render the residue OF the lands or
any part of them liable to contribute to the discharge
Of the mortgage debt.
Decree for plaintiff.
No. 81. Charles Famuener v. John r. Anderson
aid others. Error to the Common Pleas Of Ross
county. Reserved in the District Court.
BRINKERHoFF, q. j. Held;
/. Where person cal! ed as talesman has al
ready served as tales juror at the same term, so
far TO have been sworn and heard all the evidence
in the case, although the case was then compromised
aud the jury discharged without verdict, he is
within the causes for challenge enumerated in the
act Of February 25 1882 to amend section fourteen
of an act entitled an act relating to juries," &c.
2. The case of Ohiov. Boring, Is o. K. 507, fol-
lowed and approved.
For error in oveuuling challenge to juror, judg-
ment reversed, and cause remanded. 4,E
No, "a. John F. Bargcr V; Allen Cochran. Re-
served in the District Court of Ross county. III
BkINKERH0FF, Z. j.
Under the fifth section of the act Of April 10, 1883
"tO relieve the district courts" &C., appeal does
not lie from the common pleas to the district court in
a proceeding for partition under tho statute; the
same not being civil action" but special stat
utory proceeding. -
Appeal dismissed.
No. 2s3. VIM. Houston and D. W. Cline v. Silas
IL. Wright. Error to the Common Pleas Of Hooking
county. .Lf..a--r an
BRINKERHoFF, C.J Held: alt
the fourth section of the act of March 81, 1884,
ito organize and discipline themilia of Ohio" de-,
which provides that all ersons subject to military
duty, and who are not members of some volunteer
volunteer organization shall pay into the county
treasury annually the sum of four dollars, which
sum shall be Communication for fines and penalties
Tor neglect to perform military service, &c,, is not
conflict with the first section Of the twelfth article
IF the Constitution of the State, which prohibits
the laying ofa poll tax. ~
2. Such commutaton is not a tax, but is only
means, or instrumentality, by which the General
Assembly enforces to the extent deemed necessary,
.he performance of military duty enjoined by the
Judgment reversed, injunction dissolved, and Pc
,ti0n dismissed. U- ..5,g.,s
MOTION DOCKET.
No. o. Trustees sf Oass Township, Muskingum
county, v. The Treasurer Of said county. Alterna-
i've writ of mandamus allowed. =.
No. SO. William Jorden v. The State Of Ohio.
Melton for writ of error overruled. t'
/. No. o.. William c. Howard v. George r. Shields
Leave granted to file petition in error. .l-.- +.
No. 95. William Minnear v. The State Of Ohio.
Motion tptakeca out Of its order on the general
I, No. o.. Sidney b. Foster v. William ID. Scarf.
Motion TO take out Of its order general docket
for hearing, granted.
Adjourned until Thursday morning at 10 o'clock
= We. 3. ir .- ta'