Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-01-29
SUPREME CoURr OF OHIO.

Official Report Supervised by the Supreme
Court keporter0
Chief Justice-Luther Day. Jastices~William
White. John Wech, Jacob Brinkerhof. and Josiah
Scott. Reporter-L. j. Critcbfeld.
4 GENERAL DOCKET.
David G. Skinner v. Archibald G. Brown. Err
ror to the Court. of Common Pleas of Hooking
aaunty. Reserved in the District Courl. 49,.
Where lands were sold. in 1893 for taxes alledged
to be delinquent for the 1920 1891 and 1922 and
to by the collector certifying that 1.-THE foregoing is
Sy G me to the the county auditor whist the act Of Isao
then IN force. required the list to be attes ed by
Ist. That such veriication is insufficient because
it does not purport to have been made under OATH.
and no presumption arises from the record that it
: ID. The statement cor. aimed in the certificate.
even if sworn to by the collector, would not have
fulfilled the requirement of the law. The certif-
returns made By the ceiector whilst the fact reauir
81 To. list With the
tax sale made under such veri6cstion is invalid.
{ jude W eich did not sit in this case. ~ az
No 50 Alexander Fuller ry.Jhm,es McEwen.
'''HS BR1SxERnorT. Fri OFF, Held, -'A 0'-''
1. Where deyisee or lesatee accepts devise or
By ne with s Ss
visee or legatee personal obligation to pay such
debts; and in an action to enforce such personal or
not executor of the will makes difference in
w 3. In such case, the statute limiting actions
against executors and administrators to four years.
does not apply. - -es
imuled personal promise of the devisee legatee,
the statute of limitations would begin to run in his
favor only his acceptance of the devise or be-
quest. aaarf5.-l
to the e%%on psss OF Franklin County
WHITE j.. Held
the property at four hundred and eighty dollars,
general verdict of guilty Implies finding that the
value Of the property stolen a, least equals thirty
such value is not necessary.
The opinion in Barton v. The State Qs Ohio r.
| judgement affirmed.
No. 4s. James NJ. Bradford y. Augustus Boyer.
Reserved in the District Court of Harrison
DAY. C.J. Where debtor sold his goods for
knowledge of the vendee. and took his note fr
| the amount remaining unpaid payable at future
i. That creditor of such debtor might treat the
sale as void. and subject the goods to the payment
| vendee to account for the purchase price of the
/ goods but h cannot have both remedies.
ulent vendee. but went no further with that pro-
Eceeding. and also took an assignment of the note
tached the goods for which the note given. add
received all the avais thereof not held by prior at
count only as the debtor of the vendor the note
1 for the goods.
3, The maker of the note msy interpose the same
defense against the assignee that he could against
the payee, and may prove the fraudulent consdera-
ton OF the note and thus defeat recovery thereon
i Judgment in favor of Boyer against Price and
Rowley. and for his costs in defending against
their claim.
| Reserved in the District Court of Lorain county
Remanded for trial by a jury. upon the authority
| of Walker v. Walker, IA Ohio ST., Isl.
| MOTION DOCKET.
No. 6s. Larkin. Fox q Co. v. W. Fl. Vandewater
Il Leave to file petition in error refused.
No 60 ID. B. Dunlevy Go. v. Jacob Shautz
Pissed for no ice of motion.
No IL Samuel Hout v. John w. Hout ct al
Leave granted to docket reserved case,
Il No "a Thomas O'Mears v. The State Of Ohio
Case No. 2s2 on General Docket taken out of its or
No. s3 Little Miami R. R. Go. v; Huston Bop
: kins. Motion to take case No: III on denera
No "a. LittlelMiami K R.Co. '. I; i " hitta
ker. Motion to tax, No. n2 on General Docket GU
of its order. Overruled.
No. az. Kleine, Hegser 20. " l.. katzenber
Co. Leave granted to Fl g petition in error
The Court heard oral argument by Gholson, Ran
ney and Ferguson.
!. Adjourned till Wednesday morning at o'clock.