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5. Where a forfeiture or penalties may ensue from the answers to a bill, the

defendant is not bound to answer. Ib. 298.
6. A creditor who first pursues the equities of a judgment debtor, by bill,

is entitled to be first satisfied. Loring o. Melendy, 355.
7. The equity of creditors upon partnership property, for debts duo them,

is only the equity of the partners in the property, and can only be
reached through the partners. Wilcox & Welsh 0. Kellogg and

others, 394.
8. Joint property will, in equity, be subjected to the payment of partner-

ship debts. Belknap v. Abbott & Cram, 411.
9. Notes given by one member of a firm to his partners, on its dissolution,

become their individual property, and, in possession of their assignees,

can not be subjected to pay the creditors of the firm. Ib.
1. The offense of bartering and selling counterfeit bank bills is distinct from

that of passing counterfeit bank bills as true and genuine. Vanvalken-

burg v. The State, 404.
2. An intent to kill may be an ingredient of the crime of manslaughter;

but, under our statute, it is not a necessary ingredient. Montgomery

o. The State, 424.
3. A person having possession in this state of property which he had stolen

in another, may be convicted here of larceny. Hamilton o. The

State, 435.
1. Where passengers injured by the upsetting of a coach have recovered

against the proprietors, the damages assessed in such action can not be
recovered by the coach proprietor from the road company for failing
to keep the road in repair, which, in some degree, occasioned the
accident. Talmadge v. The Zanesville and Maysville Road Com-

pany, 197.

2. But recovery may be had for the injury done to the coach. Ib.
3. In an action of assumpsit against a commission merchant, who has sold

the goods of his principal contrary to instructions, the value of the
goods at the time of the sale is the rule of damages. Woodward o.

Suydam & Blydenburg, 363.
4. In an action of trover by a landlord, against a constable, for seizing and

selling a growing crop on an execution against the tenant, the landlord's
proportional share of what was taken is the rule of damages. Case o.

Hart and Humphrey, 364.
6. Anticipated profits or speculations in real property can not be recovered

as damages for breach of a contract. Seely v. The State, 501.
6. Actual expenditures under the contract may be recovered. Ib.

7. Damages on protested bill. See PROTEST DAMAGES.

1. A sheriff's deed takes effect from the day of sale, so as to pass whatever



interest the judgment debtor had in the lands sold at the time of the

levy. Boyd's Lessee v. Longworth, 235.
2. The covenants in a deed which operate as estoppels are those running

with the land. Ib.
3. A deed of conveyance, made subsequent to a devise, does not revoke the

will, unless it makes an entire disposition of the estate; but to any
portion undisposed of by the deed, the will attaches, pro tanto, and

carries it to the devisee. Brush v. Brush, 287.
4. Where a deed calls for an object on the bank of a stream, thence south,

thence east, thence north, to the bank of the stream, and with the
course of the bank, to the place of beginning, the stream at low-water

mark is the boundary. Lamb v. Rickets, 311.
8. Where the owner of land is bounded by a stream, he owns to the center

of the stream, subject to the easement of navigation; but to calculate
the quantity in a survey, no reference is had to what lies between low-

water mark and the center of the stream. Ib.
6. A tax title is invalid when the land has been listed, forfeited, and sold as

“ one hundred and twenty acres in the Whitaker reserve," there being
twelve hundred and eighty acres in that reserve. Burchard v. Hubbard

et al. 316.
7. Where a person, without title, conveys by deed of warranty, and after-

ward receives title as trustee from the rightful owner, for the purpose
of transmitting it to a bona fide purchaser from the rightful owner, the

doctrine of estoppel does not defeat the trust estate. Ib. .
8. A wife may transmit her separate estate through the intervention of a

trustee to her husband. Lewis and others v. Baldwin and others, 352.
9. A conveyance to A and B, and their heirs, and to the survivor of them,

and to the heirs of such survivor, vests in the survivor an estate in

fee. Ib.
10. Where, prior to a judgment, a permanent leasehold estate had been cor-

veyed by deed, absolute upon its face, though intended as a security,
there only remained an equitable interest in the judgment debtor, to
which no lien attached, aud a judgment creditor, who first pursued the

equity by bill, is entitled to be first satisfied. Loring v. Melendy, 355.
11. A permanent leasehold estate is not a chattel, but is really subject to all

the laws and rules which attach to land. Ib.
12. A conveyance without warranty works no estoppel to the grantor who

afterward acquires title. Kinsman v. Loomis and Wood, 475.
13. A person defending bis possession on no other grounds than that one of

the grantors in the series of deeds had no title, is bound, by the recitals

of the dued, to the same extent as if he were privy to the grantor. Ib.
14. An acknowledgment taken in Connecticut, of a deed for land in Ohio,

before an associate justice of the common pleas of the county where

the land lies, is sufficient. Ib.
18. Where a contract is for “a good title," a quitclaim deed is sufficient, if

the vendor has title. Pugh and Shultz v. Chesseldine, 109.

Devise-Electors and Elections.

A deed of conveyance, made subsequent to a devise, does not revoke the will,

unless it makes an entire disposition of the estate; but to any portion
undisposed of by the deed, the will attaches, pro tanto, and carries it to

the devisee. Brush o. Brush, 287.
1. A woman, under the ordinance of 1787, was dowable of all lands of

which her husband was seized during coverture. Betts o. Wise et al.,

2. Some right of dower has been found to exist in all nations of the Teu-

tonic stock, from the earliest antiquity. Ib.
3. The partition of lands incumbered by a dower estate may be enforced

in equity by the owner of the incumbrance, he being, also, tenant in

common of the remainder. Morgan v. Staley, 389

Book of drafts. Kinsman o. Loomis and Wood, 475.

1. Proceedings under the occupying claimant law have been considered as

separate and distinct from the action of ejectment, although the judg-
ment in the ejectment case can not be carried into execution until they

are closed. The Lessees of Patterson v. Prather, 36.
2. And when the application is made by the defendant, and a judgment is

given in his favor, the court will order the lessee of the plaintiff to pay

costs. Ib.
3. A trustee under a deed of trust, with a power to sell for the payment of

debts, may maintain ejectment, notwithstanding the debts have been

discharged. Moore v. Burnet, 334.
4. A reconveyance from trustee to the cestui que trust is necessary to rein-

vest him with the legal title. Ib.
1. To create a case of election there must be a plurality of gifts or rights,

with an intention, express or implied, of the party who has the right
to control one or both, that one should be a substitute for the other,

Melick and Wife v. Darling, 343.
2. The party who is to take bas a choice, but he can not enjoy the benefits

of both. Ib.
1. A person, the offspring of a white man and a half-breed Indian, is a law.

ful voter. Jeffries v. Ankeny and others, 372.
2. An action on the case lies against township trustees, for refusing a law-

ful vote, without proof of express malice. Ib.
3. Where the court of common pleas instructed the jury that a man who

has any negro blood whatever, is not a lawful voter, it is error.
Thatcher o. Hawk and others, 376.




Kinsman v. Loomis and Wood, 475.
If an erroneous charge to the jury be given on an abstract proposition, or

oa a point entirely out of any case made by the evidence, and the ver-
dict can be supported by the proof made, the judgment will not be re-

versed. John Creed v. The Commorcial Bank of Cincinnati, 489.

1. Whore a person, without title, conveys by deed of warranty, and after-

ward receives title as trustee, from the rightful owner, for the purpose
of transmitting it to a bona fide purchaser from the rightful owner.
the doctrine of estoppel does not apply to defeat the trust estate. Bur-

chard v. Hubbard et al. 316.
2. A conveyance, without warranty, works no estoppel to the grantor who

afterward acquires title. Kinsman v. Loomis and Wood, 475.
3. A person defending his possession on no other grounds than that one of

the grantors, in the series of deeds, had no title, is bound by the re-
citals of the deed, to the same extent as if he were privy to the

grantor. Ib.
1. Individual notes, intended to pass as currency or money, are not compe-

tent evidence against the person issuing them, on an indictment for
acting as an officer of a bank, without proving that there was a com-
pany or association of individuals formed for the purpose of putting in

circulation such notes. Steedman v. The State, 83.
2. In an action on a policy of insurance, evidence will not be received to

show that the loss was occasioned by negligence in the agents of the

insured. Perrin's Adm’rs v. Protection Insurance Company, 147.
3. Newly discovered evidence furnishes no ground for a new trial, where

such evidence is merely cumulative. Ib.
4. Where a recovery has been bad against coach owners, for an injury to a

passenger, the amount of such recovery can not be given in evidenco
in an action by the coach owners against a road company for not keop-
ing the road in repair, by which, in some degree, the accident may
have been occasioned. Talmadge v. The Zanesville and Maysville

Road Company, 197.
6. The injury done to the property oi the ach owners may be given in

evidence. Ib.
6. Where a bond or sealed instrument is taken for a simple contract debt,

the simple contract is merged, lost, and discharged in the bond. Mc-
Naughten u. Partridge et al. 232.

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7. The presumption is, that such was intended by the parties where a so-

curity of a higher nature is received. Ib.
8. And that, too, whether it be the bond of the debtor, or of a third per-

9. The existence of a law in a sister state, or foreign jurisdiction, is matter

of fact triable by a jury, and provable, if necessary, by witnesses.

Ingraham v. Hart, 255.
10. The probate of a will, taken within the county, at another place than

the county seat, by the associate judges, is competent evidence to es-

tablish the will. Lessee of Le Grange v. Ward et al. 257.
11. The statute, making certified copies of the files of the auditor of state

evidence, authorizes their admission only where the originals would be

competent. The State v. Wells, 261.
12. The act regulating the sale of school lands does not authorize the final

certificate of the county auditor to be used as evidence to charge the
county treasurer, nor is a certified copy of an account, made out by the

auditor of state, from such certificates, competent evidence. Ib.
13. A parol contract for a lease, between landlord and tenant, in possession

under a prior lease, is within the statute of frauds, unless possession be
held solely under, and in performance of, the parol contract, the terms
of holding clearly indicating the possession to be under the subsequent

parol lease. Armstrong v. Kattenhorn, 265.
14. On an indictment, laying a particular day when the plaintiff acted as an

officer of an unauthorized bank, it is competent for the prosecution te

prove the act, after the day laid. Brown v. The State, 276.
15. When such office is exercised in this etate, it is not necessary for the pros-

ecution to prove that the bank or association is not incorporated. Ib.
16. All statutes are printed by authority; and, though local or special, are,

nevertheless, public acts, of which courts of justice, ex officio, take

notice. Ib.
17. It is otherwise with the acts or statutes of other states. Ib.
18. The value of goods sold by a commission merchant contrary to the in-

structions of his principal, may be recovered under the common count,
for goods sold and delivered. Woodward v. Suydam and Blydenburg,

19. When, on a trial for perjury, it becomes material to prove the contents :

of a book of accounts which the accused had admitted to be correct and
true, the book may go to the jury as evidence of the extent and nature

of the admission. Halleck v. The State, 400.
20. Proof of uttering and publishing counterfeit bank bills, as true and

genuine, will not support an indictment under section 29 of the act for
the punishment of crimes (Swan's Stat. 236), for bartering and selling

counterfeit bark notes. Vanvalkenburg v. The State, 404.
21. A judgment entered without objection, in the name of the plaintiff, as

commissioner of insolvents, is, between the parties, evidence that the
plaintiff was such oficer. Job v. Collier, 422.

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