Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-01-26

Hon. Jacob Brinkerhoff, Chief Justice Hon. Josal
Scott, Hon. Rnfgs |. Rapney, Hon. Horace wild
| er, aud Hon. William White, Judges. Il. j
Critchield, Esq, Reporter; L. >. Shepard, ClerH
GENERAL DOCKET.
No. 30. A. Brasher ct al. ". VIM. L. Marsh ct al
Error to the Supreme Court OF Cincinnati.
| WHITS, j.
natl known his town property" by his WILL gay
his personal estate TO his wiIe; also" declared hi
wish and desire" that all his real estate be equal
| divided between his eight children named. by tb'
subequentproyisi he divided said lands into hre
/ parcels of different specified values giving one /,
each of his three sons, limiting their right of pos
session to the times tboy respectively arrived at age
| The town property he directed to berented, his chill
dren to have their proportion of TIC rents as they
seyerally arrived at age-ti then his wife to have
them After her deathibe town property to be sold
the proceeds. including the amounts given the som
ia land and the advancements chaIged 70 his sons-in
law. to be equally divided among his Men HUiRl
chHdrsn or their heirs" Held
l. That, the ause expressing the w ish and de
sire" of the estator was disposit.ve in stature
and gave a vested interest to all the children.
Q. That tn specific devises> to the sons were the
execution in part Of the div sion which the distri-
button # the iro eeds of the town prop rty was to
3. Th words "or their heirs" we're designed to
provide for the case Of such children ss might die
cfciarics. Heirs" is used a: word Of Limitation,
aud those only C aim under it who derive til
tie through deceased child.
No. %. Blazer, Corwne, Greggs Co v. Hezo-
kah :. Bundy and others. In error to the district
Court of Jackson county
WILyER, Held;
/. An agreement made upon good consideration
by a iudgme creditor with his principal Judgment
ebior, without the know Wedge or con sent of the
suret es, to end the Tin for the payment Of the
judgment, will discharge the suret e'.
2. An agreement by the debtor to pay, and the
payment by bin, Of rate OF mtvre / grs ater than
six per centum per annum, future period, CON
stitutes good cOnsidera'I 'Iou tor promise by the
creditor to extend the time Il laynelt Of his debt
McCOmb V. kittridgc, IA ObiD X. 3is, followed.
No. a. William Z. Kellogg, Treasurer, v. Albert
Ely. Error to the District Court OF Lorain County
BRIh KERHOFF, Y. j.
Where County Commissioners, acting ostensby
under the provisions Of the act of March 2ith 1852
ITO provide in locating, establishing and construct
ing bitches, drains and water-cOurses, have estab-
lished and constructed ditch, and to pay for the
same have levied an assessment on the lands Of per-
sons benefited thereby.
Held That where a party on whose lands such
ditch has been. wholly or in part, constructed, has
stood by and iaiel to resort to any remedy le al or
equity will not interfere by injunction TO prevent
the collection Of such assessments, if it be
sumed that the proceedings of the Commissioners
have far failed to conform to the provisions of
said statute as to render them wholly illegal and void
in law.
Judgment of District Court reversed, preliminary
injunction dissolved and petition Of plaintiff below
dismissed.
No. SO: George, Leach v, james, 7. Church. Ad-
ministratOr of 4. A. kagy, deceased Error to the
District Court of Fairfield county.
By THE CoURT--Held
"A note of n surviving member of firm, given by
him to the creditor Of the firm, on an adjustment of
such creditors claim against the firm, will not be
garded as given aud received in satisfaction Of the
firm debt unless the testimony aifirhativey and
clearly shows such to have been the agreement Of
the parties. Merrick v. Boury Sons, Ohio st.
Rep, co. followed and approved.
No. IL. james Z. LudOw's Admr v. Charles =.
Clarkson. Bill of review from Hamilton county.
Plea in bar sustained and bill dismissed
No. l5 j. II. Bum v. Jessie Marshall. Error to
the District Court of jackson county. Judgment
reversed in accordance with the decision in Bum v.
Kinney and Ludwick, at the present term.
MOTION DOCKET.
No. 49, Marian Favorite by next friend v. n. s,
Booher's Admr. Leave granted to file petition in |
error,
No. 50. Samuel T. Wells v. joseph Patterson.
Leave granted to file petition in error.
No. SO. Samuel Bagg0t CT al. Y. John Goodwin.
Motion TO take No. 266 general docket out Of
its order. 0verruled.
No. 81. Amzi Webb v. William S. Goucher.
Leave refused TO file petition in error.
No. 5S. William ResOr v. The Ohio Il Mississippi
X. X. Co. ct al. Leave given 10 docket reserved
case.
No. 80. Commissioners of Crawford County "
Thomas J. Orr OF al. Motion to take the case on
general docket out Of its order for hearing. Over
ruled.
No. 60. Daniel Clancy ct al v. Chritiana Clan
cey ct al. Leave granted to file petition in error.
No. 6I. Henry Ellithrope v. j I'm Bruck. Leave
given to docket reserved case
Adjourned until Thursday morning at 10 o'clock.