Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1867-02-20

No. IL. Moses Gregory v. Sarah Gre
CORY ct al. Error to the District Court
of Licking county.
BRINKERHoFF, J.
Where a husband, for a valuable con.
sideFation, mortgages directly 10 hi,
wife a certain part of his farm; and
such mortgage being duly recorded, the
wife afterwards unites with the hus-
band in an absolute deed of conveyance
of the entire farm to a purchaser; she
joining with her husband in the grant.
ing part of the deed containing apt
words of conveyance, and In the tesla
tun clause also releasing dover in the
whole farm; Held
That in the absence of any ingredient
of fraud, accident, or mistake in and
modifying the case as above stated, the
conclusion of law thereon is that the
wife, by joining her 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.
Judgment reversed, and cause re-
manded.
No. 50. Nelson & Churchill v. Ursus
Fry. Error to the Superior Court of
Cincinnati.
WEIGH, j.
1. When one of several cosmetics
pays a joint judgment against them,
with the intention to save his right to
be subrogsted to the place of the judg-
meat creditor, he may afterwards sus-
tain an action to be so subrogated, not
w~ithstanding the legal extinguishment
of the judgment.
2. And such intention will be pre-.
suned from the simple fact of payment,
until the contrary is shown.
3. An action in such case against the
party so liable to contribute, demand
ing such subrogation. and a judgment
for contribution, is limited to six years
under the 18th section of the code; and
costs therein cannot be recovered of
the c~o-surety, unless it is preceded by
notice to him Of the payment.
Judgment reversed.
ScoTT, C. J. and WHITE, J. Dissen-
ted. as to the Sd proposition.
No. 40. Green V. Darlington. Error
to the District Court of Union county.
WHITE, j. Held
An index to the record Of q convey
sncs is not necessary to make the
record effective as constructive notice
to = subsequent purchaser ; and where
such purchaser has been misled to his
injury, by the neglect of the recorder
to make such index, his remedy is
against the recorder.
Judgment affirmed.
No. IS. Joseph Medill VS.. James Col
lisr, ct al Error reserved in the Dis
trict Court of Jefferson county.
DAY, J.-Held:
1. A banking corporation, organized
under the act of March q, 1851, "to
authorize Free Banking" has no pow
er and is forbidden, by the fifth section
of said act, to engage in the business of
banking mentioned in the 10th section
thereof, until it has deposited with the
Auditor of State the securities required
by said act.
2. Persons who carry on a banking
business, in the name of such corpors-
ton, in violation of said 44th section,
are not protected by the corporate
privileges, from personal liability for
debts contracted by them in the trans
action of such Unlawful business.
3. Such liability does not attach to
the stockholders of such corporation as
partners, but to those only who engage
in such business, and to those who
authorize or sanction it.
Judgment of the Common Pleas re-
versed, and judgment for the plaintiff.
No. 81. Thomas II. Phipps v. Robert
Hope, as Admir-, &C., of Joseph Hope,
decd, ct al. Error to the Common
Pleas of Ross county. Reserved in the
District Court.
B~RINKERHoFF, ]. Held
l. To constitute a valid gift, either
inter viUos or cauSa morris, q delivery, '
either actual, constructive, or symbol
cal, is essential.
2. Directions by an owner in respect :
to a disposition of his property, to take
effect after his death, and different
from such as the law would prescribe,
in case of intestscy, are of no validity
unless made through the medium of a
last will and testament.
3. A petition, in an action on q con- !
tract, is bad on general demurrer, if it
fail to aEer a breach of the contract.
Judgment affirmed. I
No. 81. George W. Stillwell V. vii {
liam Hood. Error reserved in Geauga
county. Judgment of Common Pleas !
affirmed. No further report of the case {
win be made. {
NOTION DOCKET. Z
No. A. VIM. II. Hays v. Robert J.. $
Price and others. Motion to modify ,
Judgment overruled. :
80. Byron o. Leslie ct al, v. Calvin J
R. Eastman. Leave to file petition in
error refused. A per eu7ian will be
published hereafter. 7
No. 3S. John Arral v. Samuel McGiu. J
Leave to file petition in error over
No. SO. Benjamin F. Hawkins ct al, n
Y. Able Jones ct al Leave granted to n
Gle petition in error. c
No. "a. William A. Babham v. The
State of Ohio. Writ of error allowed, .
returnable to this court.
No. e.. Hamer Toler v. The State Of
Ohio. Case taken put OF Its order for
hearing.
No. 60. Lorenzo Fairbanks v. Peter
Shafer. Leave granted to file petition 5
in error.
No. 70. Central Insurance Company :
Charles h. Morse. Leave to file
petition in error refused. :
No. 70. 3. L. Moody v. The State of
Ohio. Case taken out of its order for (
hearing. \
The cases involving the question of
National Bank stock shares in
the hands of the holders, came on for (
oral argument. Perry and Gholson for
the stockholders, and Hosdley, Bates