Democratic enquirer. [volume] (M'arthur, Vinton County, Ohio) 1867-1873, 1869-01-27
GENERAL DOCK NT.

No. 26. William Dunbar v. Rich.
ard D. Harrison and others. Error
to the Court Of Common Pleas Of
Clarke county Reserved in the
District Court.
Brinkerhoff, j.:
Where a railroad company assigns
unpaid subscriptions to its stock to
its President, in trust for certain
definite purposes which have been
fulfilled, and the company being in
solvent, one Of its Judgment credit
ors brings an @tion under the 45Sth
section Of the code to subject the
amount due cn such unpaid sub
scriptions to the payment Of his
judgment--Held
That as to the amount due on
such subscriptions after the fulfill
ment of the trust and the payment
of all costs and expenses of it's sd-
minstration, the trustee is not enti-
tied to retain from such fund the
amount Of indebtedness of the com.
pany to him for his salary as Presi.
dent thereof, the plaintiff by his
action having established specific
lien on the fund as against less dill
gent general creditors, and being
entitled in equity to preference
over them I'M its distribution. Judg-
ment affirmed.
White, j., did not sit in this case.
No. 90 Addison L. Thompson,
ct al. vs. Sarah l.. Thompson. Er-
ror TO the Superior Court Of Cincin-
natl.
White, j.,
/. In deed of conveyance TO q
sou-in law, Reconsideration stated
was his marriage, and natural love
and affection of the grantor for his
daughter and the grantee; and, the
purpose expressed in the deed, was
TO advance the grantee in life.
Held:
That no trust, in the estate con.
veyed, arose in favor of the daugh-
ter,
2, In a suit to obtain the title to
land, by correcting a mistake in q
deed under which both parties claim,
the grantor having no interest in
the controversy, is not rendered in
competent as . witness by Sec. 3l3
of the code as amended March 81,
1864, tho party against whom he
is called upon TO testify, claims title
and defends as heir.
3. Mistake as to the law Of de-
scents, where the intention in max
ing deed was to vest the estate
conveyed in the grantee, affords no
ground for relief in equity.
Judgment reversed and case re
manded.
No, II, Samuel McCrory Jas,
J. Parks. Error to the District
Court OF Wood county.
Day, G. ].
An action was brought by one
surety on Sheriff's bond against
his co.sureties for an account be-
tween them, and to recover Of each
his proportionste share of q judg-
ment Of amercement that had been
collected of him, One of the de-
iendRnts also sought to recover by
answer and cross petition in same
case, against each Of the parties, his
contributive share of an amount
paid by him on another Judgment
Of amercemont to which all the
sureties of the Sheriff had been
made parties; but which judgment,
it appears, had been obtained by
reason of return, freudulently
procured by the defendant upon ain
execution issued on a Judgment
against him, and tho amount paid
by tho defendant was in fact his
own debt that had not been other.
wise discharged by him-Held:
/, The action was one in which
the parties had not the right to de.
mand a trial by jury, and was,
therefore, appealasle to the District
Court
2. The parties in this case not be-
ing in any sense adversary parties
in the proceedings by which they
were made parties to the judgment
paid by the defendant, and his
fraudulent conduct not being in.
volved in those proceedings, the
plaintiff Ia not estopped thereby
from setting up, in this case, tho
fraudulent non payment of the
original Judgment by the defendant
8. The judgment discharged by
the defendant being one that he
alone ought TO pay, and one that re-
suited from his own fraud, he has
no ground for equitable contribution
against his co.defendants in the
judgment.
Judgment reversed and cause re
, manded for further proceedings.
No. 29. G. Bixler, by guardian,
v. John Bixlcr. Reserved in the
District Court Of Clarke county
Remanded to the District Court for
want Of prosecution in this Court,
No. 30. Nancy Mcbride v. Sarah
, i. Pool. Reserved in the District
, Court Of Richland county. Dis
missed for want of prosecution.
MOTION DOCKET.
/, No. 8. Solomon Ludwig'v. Hen
/ ry Fry. Leave refused to file peti
tion In error,
No. 18.' Etna Insurance Com
pany v. VIM. +. Church. Leave
granted to ilc petition in error.