Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-03

influence is acquired and abused, and
confidence reposed and betrayed. In
the former, influence is presumed, in the
latter its existence must be proved.
8. If party having an infant under
his influence and control against whom
he is prosecuting suit in which no de-
fence is made for the infant, intends to
insist on the rights of an ordinary ad-
versary, he ought at first to surrender the
advantages arising from his fduciary or
quasi-fduciary character.
4. In suit by bill in equity against
an infant for the specific performance of
an alleged contract with his ancestor he
is entitled to day in court after coming
of age to show cause against the decree,
and if an absolute decree be taken against
him it will be error.
5. A decree against an infant may be
impeached for error by original bill and
what would have been good cause of
action to sustain an original bill, is a
good cause of action under the code.
6. Where adult heirs obtained de-
cree upon insufficient evidence, against
their infant co-heirs, of tender years, for
a large portion of the estate, as having
been purchased from the ancestor, but
which was in fact given by way of ad-
vancement; and obtained also decree
for partition of the residue of the estate,
and the proceedings were managed sole
lyby the adult heirs-no defence being
made for the infants and no day given
them to show cause against the decree
the partition will be set aside and a
new partition ordered.
Z. Deeds, in accordance with the par
tition, obtained from the infants on their
coming of age, in ignorance of their
rights and under representations that the
making of the deeds was according to
the order of the court, should be set
aside as fraudulent.
s. Lapse of time to bar the rights of
the infants does not, in such case, COM
mence until their discovery of the wrong;
and the burden of showing such knowl-
edge as to make them chargable with
laches rests on the defendants.
Decree for plaintiffs.
No. S4. Sarah A. Edwards v. Isaac
Rainier's executors.
Reserved in the District Court Of
Pickaway county. ,
DAY, G. J..
A testator devised to some of his
children lands; and to others he be-
queathed pecuniary legacies; to one
daughter he bequeathed $1,500, in one
clause of his will, and, in another clause
directed another daughter, to whom he
devised lands, to pay her 1000, in pay.
ments of $loO,annually after his decease,
and made no further direction about the
disposition of the $1,000, but directed
all his legacies to be paid in two years
after his decease. In codicil he gave
the crops that might be "growing or ma
tured" on the land at his decease, to the
respective devisees of the land.
Held:
1. Said sum of $1,000 is not to be ap
piled in part payment of the legacy O
$1,000, but is bequest in addition there
to.
2. Corn in cribs on the lands devised
at the decease of the testator. passed tt
his executors, and not to the devisees o.
the land.
Judgment reversed as to the applica
tion of the $1,000, and affirmed in al
other respects.
No. "a. Mary E. Pease ct. al. v
Cleveland & Pittsburgh R. R. Co. Erro
reserved in the District Court of Cuya
hoga county.
Judgment affirmed on the authority o
Little Miami R. r. Co. v. Whitacre.
Ohio St., 500. No further report of the
case will be made.
No. 224. The State of Ohio ex rel
The Attorney General v. The Cincin
natl Gas Light and Coke Company.
Quo warranto. Demurrer to third and
fourth pleas sustained.
MOTION DOCKET.
No. 81. Solomon Ludwig v. Henry
Fry. Passed for notice of motion.
No. los. John Smith v. The State o
Ohio. Motion for writ of error over
ruled.
No. 1O7. Edward Gwynn and A. G
Campbell v. ohm T. Huss and Henry
Gross. Leave granted to withdraw pa
pers to print the record as provided un
der rule fifth.
No. 1OS. Nathaniel Massie v. Josepl
Stratford ct al. Motion to take cas-,
No. 233 on General Docket out of it
order. Granted.
Adjourned until Wednesday at II
o'clock.