Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-01-31

II %
Day, Hon. WiIIism WiYIl. l Witt. H Hon! john John Ss We
and Hon. Jacob Brinkerhpf, Judges. ~ N ~
L. y. OntobGeld, ESQ.,, Reporter!
GENERAL DOCKET.
NOI2s, ,n Johu Anketil and wjfoy; Waldo n Con
verse. Appeal. Deserved in the District Court o.
nVfIn WHICH. S2ae S 'rlas.I 20 7 s5i d 5,snbaf
4 vendors Item for purchase money Is not aextin.
guished by his taking d mortgage on the land sold
| to secure its payment pyd lFl s.f Iu y g1I
And theiaw Of tie case Is not changed by the fact
that the sum named in the deed and mortgage as the
purchase money is tho aggre gate Of separate prices
or valuations, affixed BY the parties to the several
lots OF which the premises are composed, and the
mortgage contains provision that the lots may sew
orally be released therefr0m, upon payment by the
m0rtgagor of their respective valuations.
Where mortgage bad been SO given for the pur-
chase money LmOrtgagcr before IL delivered
which gave no legal title or express right Of posses.
sion 70 bona .fde purchaser, who paid full and
valuable consideration therefor. without notice Of
the morgagee's right but the mortgage was recorded
before any legal title was acqqited, or any actual
notorious possession taken blythe subsequent pur-
SnS T4S S'f' S f 9 ~ q
had the SUPERIOR sqnity and might subject che land
Whore Interest Is payable annually, or At other
stated periods, it bears simple interest from the time
It falls due till pail; and ents are 10 be applied
first in satisfaction 9f the interest dpe upon inter
es:; secondly efnterest dus upon the
principals and thirdly Id satisfaction Of the princ
pal but no case viii the interest npon interest
be made % pear interest. aiIsq a IN 5sb gs5s
scoTT q, i. and WHIrE, j.. dissspted, .a'os
No. 81. Shfoyer, guardian, &c., 2 h, Redwood x
Staley. Error 10 tho Court Of Common Pleas OF
Montgomery county. Reserved in the District
Scorr. G. j.. Held as1g wa i.l' 4't Z /
J., Upon general demurrer TO an answer, containing
several distilct grounds Of defense. the demurrer
may DO oyerrplcd, any one Of tho deicnses is suf-
q. In suit brought BY tho plaintiff, as guardian.
against the snretes in the bond Of q former guar
dian under the 7th section Of the act Of April ~
IG HTsSylaS et sSo ISSctiSS tSS JS S
fendauts not precluded blythe proyiso Contained
in said section, from denying. by way Of defenfe.
that the plaintiff y the guardian Of tho party for
whose benefit suit IL brought, w h J.
s. Under existing, legislation, the Probate Courts
OF this State hayo power to appoint guardians for
deaf and dumb persons Of tull AGE, whom they IND
% be Incapable q managing their affairs WITHOUT
subPitting the question u ipcspacity 70 jurylof
z Z. PIsnafy and exclusive original jarisdictiohgi
given by law the probate courts Of this State, 10
6s 6s aSi N Amy ysn SS1s %hcn
ever application ia duly made tOt it there
e. sueh proeeediHss Ase not sefsr pSr1ss Oh adyor
sary in their character, They pfopsfly PROCEED
inas III rel and the order 6f app6intfnort IN
the exercise Jurisdiction, binds al the world The
& tRS wsS = y sC the
Guardian OF for other the statute soreqnife
g. The probate courtsof this State are. in the full
est sense, eoprof record they belong 70 tho class
petent to decide on their own jurisdietiop, and 10
exercise II 70 1nAl Judgment without setting forth
the facts and evidence on which II Rendered w
Hence an prasE sDg0Isns
not be- collaterdily inlpeached Tho record show
ing nothing " tho contrary 1t will bo cOncEustve