CREDITOR'S BILL-Continued.
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 v. Melendy, 355.
7. The equity of creditors upon partnership property, for debts due them,
is only the equity of the partners in the property, and can only be
reached through the partners. Wilcox & Welsh v. 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
v. 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 v. 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 a 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 v.
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 v.
Hart and Humphrey, 364.
5. 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.
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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.
5. 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 con-
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 his 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 deed, 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.
15. 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 v. Brush, 287.
1. A woman, under the ordinance of 1787, was dowable of all lands of
which her husband was seized during coverture. Betts v. 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 v. Loomis and Wood, 475.
DYING DECLARATION
See EVIDENCE, 21.
EJECTMENT-
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
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 has 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 v. Hawk and others, 376.
EQUITY-
See CHANCERY.
ERIE LAND COMPANY-
Kinsman v. Loomis and Wood, 475.
If an erroneous charge to the jury be given on an abstract proposition, or
on 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 Commercial Bank of Cincinnati, 489.
See DEED; HUSBAND AND WIFE.
1. 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 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 had against coach owners, for an injury to a
passenger, the amount of such recovery can not be given in evidence
in an action by the coach owners against a road company for not keep-
ing the road in repair, by which, in some degree, the accident may
have seen occasioned. Talmadge v. The Zanesville and Maysville
Road Company, 197.
5. The injury done to the property or the coach 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-
Naughton v. Partridge et al. 232.
7. The presumption is, that such was intended by the parties where a se-
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-
son. Ib.
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 state, 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 net 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 officer. Job v. Collier, 422.
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