Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-06-24
sUPaEME COURr OF OHIO.

-
~ y TUESDAY. June 90, 1885.
Hon. Jacob Brinkerhof. Chief Justice; Hon. Josiah
sS aop b% ba gns gadsss SGh S
ESQ., Esq R Reporter. II. 3. Sheppard ! tIsrk.
-- GKRERAL DooKRr.
No.a. Alden Allen Olive Allen v. Richard
Shkckelton. h crror 70 tho District Court of Knox
'Y5,T BTTHE Couar. Held; " J
In asuit BY a mortgagea against Shis mortgagor TO
obtain sale Of the mortgaged premises, the mort
gage being given to secure the payment Of the pur-
chase money for the premises the mortgagor may set
up, as a defense, counter claim for damages for
fraud practced by the mortgageo in his sale OF the
Judgment Of the District Court reversed and the
cause remanded for further proceedings !
NO. lOO Charles Hobbs v. Samuel SmlthS Error
A devised land to his son for os, years, without
impeachment for waste with remainder 70 the sons
THAT the son should support himself, and If he ever
had afamily should support itGaso, IRON the land,
and invest the balance Of the rents and profits an
improvements thereon: that the land should not be
taken in execution for paymentof his debts that he
should have power to dispose Of it by will not how
ever to defeat the purpose Of the wii and that he
should have full power to sell. reinvest, and to re-
sell at pleasure, and without accounting to any per-
Eon or court for the Procesds or purchase money.
i That sale Of theland on xecrtion against the
son, and deed therefor by the sheriff, passes, at
least present legal estate and right OF possession
to the purchaser.
featdd or dvested by sibst quent CONVEYANCE in fee
by the soD and dos not enable the purchaser un-
der him TO recover possession from the sheriff ven
dee.
MOI Samuel A. Moore v, Fletcher Ritten-
house. james Emmitt ct al. ;vsN rtgf ~
l. Where lands Of debtor are levied on in execu-
ton issued for the satisfaction OF judgment rem
dered by the Court Of Common Pleas, the lien Gre
ated by such levy is not vacated by the subsequent
appeal of the case, by the judgment debtor, to the
9. Where several judgment creditors invoke the
rights arising from their legal liens upon-th reel
estate Of their debtor. the priortes Of such legal
liens will attach to, and control their respective
No. 100. George Holland v. John B Hatch, as
sgnee Of Hatch 4 Lsegdon., Error to the Superior
Courtof Gincinpati!S -
l. When judgment is reversed and the cause re-
manded for fuIther proceed rs, and the plaintiff IN
the court below then voluntarily becomes non sqa
9. The unauthorized addition OF the words with
out relief from yauationor appraisement laws" by
agent entrusted with the filling UP and negotla-
ton Of q blank bill Of exchange, will not render 1t
invalid, there being complete bill Of exchange
without them,rs -, a-.- rav-s -~---.
Judgment afir med. y - g, - =
No. 243.. The State of Ohio ex rel; The Treas
urer Of Athens county Y, the Auditor OF State AP,
plicationfor peremptofy writ Of Mandamus. VI y
The General Assembly by the several acts passed
February 49, ls62 $50 D. l.. 81 March a. 1868. (6O o.
L. 49, aud February e5. ls6. Sl o. y Is assess a
taxable property of the state for the relief of the
necessities of the families OF soldiers and narnesin
the State ppd United States service, and provide,
that it shall be collected in the manner other
State taxes collected. The same acts provide for
an enumeration to be taken BY the sssessors Of all
the soldiers and marines in the service OF the State
or United States, from the several wards, election
districts and townships designating those who have
families aod those who have not. and naming such
famil es as are necessitous. This enumeration to
the Auditor Of State The acts further provide that
the Auditor Of State shall open proper accounts with
each county in the State and appOrton the funds so
raised upon State levy, according to the enumera-
ton and returns made 10 him by The several County
Auditors and pay the same to the County Treas
urers at teoirsemiannual settlement with the State
The funds thus paid into the County Treasures are
placed under the control of the County Commis
soners to be apportioned to the several wards, cleo
tion districts and townships according to the neces
sites of the families returned in the enumeration
made TO the County Auditors, etc. Held:
]. The specific levy thus made by the General As
sembly upon the taxable property Of tho State is
State td1, within the meaning OF Section u Of the
act of February ls 1904, Establishing University
IN the town Of Athens" (SWan's Land Laws, z26 ct
seq which provide. that the lands Of two townships
in Athens county, by that act vested in the Ohio
University, and 9thereunder, leased for ninety
nine ycari renewable forever should forever there
after be exempt rom all State taxes"
q The appOrtionuent and payment Of this fund
by the Auditor of State to the several counties,
public official duties enj0ined upon him by law, and
are in wise dependent upon the question whether
the county authorities have or have not tailed. or
refused to assess the tax upon portion of the taxa
Bile property Of the county. This fund raised upon
State levy is disbursed, under these relief laws.
through the agency of count and township Organi-
satons but the matter is one between the State and
the needy families Of her soldiers and marines rs
specified and enumerated. -..,lrfg1 az
failed and refused to levy the tax in question, upon
the leased lands Of the two townships of the Uni
versty cannot affect the ri htef that county under
the relief laws mentioned, TO be paid by the Audi
tor OF State, the full amount Of the relief fund ap
portoDed hy him TO that county for the benefit of
the families of soldiers and marines therein emu
merated, and returned to him. y .ri
The fund is distributed among the several coun-
ties not on the basis of their respective contribu-
items TO efund but on the basis of the number Of
necesitous families Of soldiers and marines in the
countiesrespectiyely. ....Er.a --y
Peremptory mandamus awarded.
No. liz. S. J. Bond by next friend v. John j.
Judgment Of District str Court reversed and that Of
Common Please affirmed. q h. fl:. -.E
No. ii3. The Auditor Of Warren county V. Ohio
ex rel William Adams Error 70 the District Court
Passed for want Of briefs. 10 J4.-f p. .,..-
No. ia. John s. Wayv, Ruth Dickerson ct al.
Error to the Common Please Of Monroe county
Reserved in the District Court. rr.'. ,.....
Judgment of Common Pleas reversed and cause
with leave to amend petition so as 10
bring upon the record apore full certain and spe-
cifc allegation of the facts.
No. lI6. Ohio ex rel. The Treasurer of Belmont
county n. thesAuditOr OF State. Mandamus award
ed to the taxes for the last three years named in
the alternative writ.
No. III. william F. Roelofson and wife v. Ches-
ter Baxter Error to the District Court of Hamil-
ton county. ~ q .gi g.
Passedfor wantof briefs and argument. ~ . hAA
No further report will be made in Nos. ll2 ia and
- Tl'IW MOTION pockEr.l8 STGa
No. Jos. Frederick Kobentz v. The Atlantic and
Great Western RailroadCo. Leaye to file petition
in error refused.
No. LOG. William Harris v. s. u. Amsuiek d Co.
Leave to file petition in error refused.
No. lde. John Cowell v. The State Of Ohio. Mo-
tion for writ Of error oyerruled