Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-03-08
.ENFRIL DOCKET.


No. IS. Robert G.. COrwn, ct al. v Collett's exec
utCr. Error to the Superior Court Of CINCINNATI.
WELSH, J. Where mOrtgagor, holding the equi-
ty Of redemption in trust, wrongfuy conveys the
mortgag I'd premises to the MORTGAGE with notice Of
the trust. giving him security for the debt and
the ceStui que trust sets the conveyance aside the
mortgage does not merge in the conveyance, but
8 and for the security Of the mortgages.
A railroad company, being bound to convey nifty
thousand dollars worth of real estate to one Of its
contractors agreed with its president that he should
let the company have lot of land belonging to him,
to be 80 conveyed with other tracts, in fument of
their said obligation, the company agreeing TO pay
o. other real estate at some iuture time. The pres
den then executed to the contractor in the name OF
the company, contract for the conveyance, on de-
andnd and 6y clear tile Of the lot and tract afOre-
said. without any intimation that he retained any
claim upon his lot so TO be cOnveyed-held: That
the president is bound, between him and the con-
tractor. to convey the lot and cannot set up any lien
knew of his ownership, and his contract with the
company.
Judgment reversed, and cause remanded.
No. 81. Robert jackson v. Simon Jackson. Err
rOr to the District Court of Monroe county.
DAYS Held:
rsaetion rendered by consent Of rites, will not be
reversed on error" Il. D. -, 1861
2. A claimant for damages in the alteration of a
road, is not entitled to recover where such ateTa-
taye without directly impairing his access to the
road from the improyements on his land.
Judgment OF the DlStrlcJ court amflned.
No. 50 John Seaman, trustee, v. Iucius B. Ea-
ger. Error to the Court OF Common Pleas Of Cuya-
hogs county., Reserved in the District Court.
SCoTT, U.J Held:
/. Under the act Of Feb. "a, ls4s, lin relation to
mortgages and bills Of sale Of personal propertyD
chattel mortgages can bs kept /, force as against
creditors only by successive filings in the proper Of
fee, from year to year. The lapse of q full year,
without renewal Of the filing will. at any II Q,
render the instrument invalid against creditors.
Each relg places it, for the purpose of the motion,
on the footing of a new mortgage.
2. Under this act, the year within which any
filing must be made begins to run from the exact
time Of the preceding fling and is completed at the
corresponding day and hour Of the following year.
Ju gment of the Common Pleas affirmed.
No. 1874. German Protestant Reform Church V.
Michael Petrie ct al Error 10 the District Court Of
Trumbull county.
Judgment affirmed for the reason that the record
does not show that it contains all the evidence offer
ed upon the trial, that the motion for new trial
was made the ground that the finding Of the Court
against the weight Of evidence. No further re-
port OF the case will be made. H'-
MOTION DOCKET.
No. so. Milton Fithian v. John A. CorWin ct al.
Motion to reinstate case granted. ....-
No. 60. Pike County Bridge Co. v. Thomas Dugsn
Co. Motion for leave to file petition in error over
ruled, with leave to withdraw papers and seek re-
view in the District Court.
No. 81 John Brnker v. James WoolWorth. Leave
to file petition in error granted.
No. 81. James 5. Trimble v. John NJ. Doty. Passed
for notice,
No, 63 Harrison Lines ct al. v. John Irwin, Ex'r.,
ct al Motion to take case out of its order granted
Adjourned until Thursday morning at 10 o'clock.