Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-02-07
SUPREME CoUWT OF OHIO.


Hon. Josiah Scott. Chief Justice Hon. Luther
Day, Hon. William White. Hon. John WEIGH
and Hon. Jacob Brinkerhof, Judges.
l.. .Critchfeld, Esq, Reporter. h"#
GENERAL DOCKET.
No. IL. Moses Gregory v. Sarah Gregory ct al
Error to the District Court of Licking county.
BRlNKERHOFF. j.
Where husband, for valuable consideration
mortgages directly to his wife acertsin part Of his
farm and, such mortgage being duly recorded, the
wife afterwards untes with the hus band in an alb
solute deed Of conveyance OF the entire farm to a
purchaser; she joining with her husband in the
conveyance and in the kstGtun clause also releas-
ing dover in the whole farm-Held:
That in the absence # any ingredient of fraud,
accident, or mistake in and modifying the case as
above stated the conclusion of law thereon Is hat
the wife, bv joining ner husband in such deed Of
conveyance, relinquished to the purchaser all her
title to, and interest in, the whole farm, legal and
equitable, vested and inchOate.
L Judgment reversed, and cause rsmanded.
No. SO, Nelson d Churchill v. Ursus Fry. Error
to the Superior Court of Cincinnati,
WEIGH, j.
l. When one of several co.suretes pays joint
Judgment against them, with the intention to saw
his right to be subrogated to the place of the judg
ment creditor, he may afterwards sustain an action
to be so subrogated, notwithstanding the legal
tingushment Of the judgment
simpe fact of payment until the contrary is shown.
An action in such case against the party so liza;
bic 10 c0ntr butte, demanding such subrOgatlon and
judgment for contribution, is limited 10 six years
under the l4th section of the code and costs there
in cannot be recovered Of the surety unless it is
preceded by notice to him OF the payment.
SCOTT. g. j., and WHITs. j., dissouted as to the
Sd proposition.
trict Court of Union county.
WHITE, d. Hold "a r~asIgS
An index to the record Of convey anceis not nee
essary to make tho record effective constructive
notice 10 q subsequent purchaser: and where such
purchaser has been misled to his injury, by the neg
ect of the recorder to makse such index his remedy
i'GssiSss JuSa%apt lns al EsGoedsr s%sde fW0&
No. So. Joseph Medill v. James Collier let al
Error, reserved in the District Court Of Jefferson
DAY,J. Held: n MI EH ~ @g~ y 81
/. Abanking corporation, organized under the act
of March 81. 1851 TO authorize Free Banking" has
no power and is forbidden, by the t4th section Of
said act to engaged 10 the business of banking mem
topedin the 10th section thereof until il has depos
tied with the Auditor of State the securities requir-
@ Persons who carry on banking business, inthe
name Of such corporation, in violation of s'id Al h
section are not protected Ny the corporate priv
by them in the transaction of such unlawful busi-
8. Such liability does not attach to the socSbVhl-
Of such corporation partners, but to those only
who engage in such business, aud to those who au
thorize or sanction IT, -------
Judgment of the Common Pleas reversed. and
No. 81 Thomas H. Phipps V. Robert Hope, as
Admir-, &C.. of Joseph Hope decd, ct al. Error to
the Common Pleas Of Ross sscounty. Reserved in the
BRIEKERHoFF, j : Held: t,g,.Ass
/. To CONSTITUTED valid gift. either intAr Vftos or
cdU'd TnCrtts delivery either actual. constructive.
or symbolical, is essential.
.. Directions by an owner in respect to DISPOSE
tiou OF his property to take elect after his death,
and different from such as the law would prescribe
in case Of ntestacy, are Of no validity unless made
through the medium of a last will and testament.
3. petition, in an action on contract. Is bad on
general demurrer II it fail to aver breach Of the
Judgment affirmed. - si .a,, .I =.
a.No.57. George W. Stillwel v. William Hood.
Error reserved in Geaugl county. Judgment of
Common Pleas affirmed. No further report Of tho
case will be made. qaais
MOTION DOCKET. ,a It % tst
No.14.. VIM. II. Hays v. Robert J. Price and
others. Motion to modify judgment oyerruled.
No. 80, Byron y. Leslie ct al. v. Calvin r. East
man Leave TO file petition in error refused. per
cryiag will be published hereafter. ng
flepetitiOn. in error oyerrulet. Z
No, 59 Benjamin +. Hawkins ct al " Ablc
Jopesetal. Leaye granted to file petition in err
mo. o.. William A. Babham '. The State Of
0biO, Writ Of error allowed. retufnable 70 this
NJ, o.. Hemer TpIctt Y, The State Of Ohio. Case
No 90. Lorenzo Fairbanks v. Peter Shafer.-
Leave granted TO die petition in error ID
No. 73. Central Insurance Go. v. Charles H.
Morse. Leave 70 file Petiti2p in error refused.
taken out Of its order for hearing.
The cases involving the question of taxing Ma
tiOna Bank stock shares in the hands Of the hold
ers, came on for oral arguments Perry and 0helson
for the county officers.
The argument not being conc luded, court ad-
journed nntl 91< o'clock on Wednesday morning,