Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-03-15

IUEbDA1s mdTcn Id, lCOo.
Hon. Jacob BrinkerhoH, Chief Justice; Hon. Josiah
Scott, Hon. John WEIGH, Hon. Luther Day, and
Hon. William White, Judges. l.. j. Critchfeld,
Esq, Reporter.
GENERAL DOCKET.
No. n. The State of Ohio. on the relation Of the
| Board of County Commissioners of Ross county, v.
The GAINESVILLE and Maysville Turn pike Road Com
pany. In mandamus. --"
| BR1NKsRHoFF, j.. Heidi
l. Obligations arising upon contract merely. and
involving no trust, cannot be enforced by manda-
mus.
1857, TO provide for the surrender transfer OF
turnpikes and plank roads" (Curwens st. 2990), n
turmoil Ike company cannot make val ID and etectual
surrender and transfer of cart of its road the
Commissioners of the county in which the same is
situate without the assent Of such Commissioners.
8. A Board of County Commissioners have not
such beneficial interest in the subject matter as
entities them to prosecute the writ of mandamus to
compel turnpike company to repair a bridge form
ing part of such eompany's road.
7, remptory writ refused.
No. I6. Macarthur v. Franklin. Petition to redeem
and for dover Reserved in the District Court Of
Pckaway county.
WHITE, j. Held:
l. Under the statute providing that where no time
is named in sn act for its going into Jperaton it
shall take effect on the first day Of May next thercaf-
ter, the taking effect of the repeating clause
visng act well as of the general provisions Of such
act. is postponed accordingly.
2. A widow who, in the lifetime of her husband,
united with him in mortgage pom lands OF which
he seized in fee during coyerture, has in equity
a right to redeem, and foreclosure in the lifetime
of her hush hand, to which she was not party, does
not divest her of such right. Macarthur v. franklin
Q5 D. St. r. 4s5) approved and followed.
g. The purchaser at sale in proceedings to fore
close against the husband sone, acquires the inter
ests both of the husband and the mortgagee As
against the widow the position OF such purchaser is
the same as if he derived title under sale on
ton, except that he, as acquires the interest of the
mortgasee. But whe the mortgage debt is paid, his
interest mortgage ceases, and the widow is ent
tied to have her dover assigned in the land
4, The purchaser; having acquired, and entered
into possession under, the title Of both the mort
gagOr and mOrtgagee, is to be regarded as the mort
gagOr and mortgage Occuoying the mOrtgaged
premises in comn on, according to their respective
interests. And, regarding the price paid, at the
judicial sale, representing both interests the pur-
chaser should account for such proportion of the
net annual rents, as the amount due on the mort.
gage at the time Of the sale bears to the price at
which the land was sold.
5. In asceraining the annual rents, the enhanced
value of the land from improvements other than or
dinary repairs, should be excluded. lakes and or
dinary repairs should be deducted in ascertaining
the net rents. -.. I'D.
foreclosure suit, is entitlel to have the account
AIKEN in the same manner as if no decree had been
rendered. Therefore, in ascertainng. the amount
due on the mortgage debt, there should be no rest
made at the time of the rendition of the decree
z. With the consent Of the defendant the plaintiff
may redeem her dover by paying her proportion of
third of the debt remaining unpaid, as bears the
same proportion to the third part of such debt as
the value OF her life estate in One-hird part of the
land bears to the value Of the unincumbered fee in
the third last named. t
8. The value of the widows life estate, in such
case is the present worth of an annuity for her ite
equal to one-third Of the interest of the mortgage
debt unpaid. |t.. t.7. .1,1
Decree accordingly.
No. 81. Kelly & Griswold v. Mary Jordon. Error
to the District Court of Cuyahoga county.
Judgment of the District Court reversed, and that
Of the Common Pleas affirmed, and the cause not be-
ing argued for defendant in error further report
of the case will be made.
No. "a. Enos Stouffer " Peter Douglas ct al. Err
ror 10 the District Court Of Pickaway county. sfl-
Judgment affirmed. Nofurther report Of the case
will be made.
MOTION DOCKET.
No. "a. Manassas Litch v. Thomas Russell. Leave
to file petition in error refused la tla 'sH
No. 65. The State eX rel. Charles H. Kilgour v.
The Cincinnati Street Railroad Company. Leave
granted TO docket reserved case. t.r 400. ..
Adjourned until Thursday morning at 10 o'clock.