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Jurisdiction.

JUDGMENT—Continued.
6. The lien of a judgment or mortgage is not lost by the organization of a

new county, which includes the incumbered land within its limits.

Davidson v. Root, 98.
6. 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. Moore v. Burnet, 334.
7. If a court have jurisdiction, its solemn acts and adjudications, although

erroneous, are not void. They are valid until reversed. Lessee of Le

Grange o. Ward et al. 261.
8. Where, prior to a judgment, a permanent leasehold estate had been con-

veyed by deed, absolute on its face, though intended as security, there
only remained an equitable interest in the judgment debtor, to whicb
no lien attached; and a judgment creditor, who first pursued the equity

by bill, s entitled to be first satisfied. Loring v. Melendy and others, 355.
9. To enjoin a judgment at law, on the ground of illegal interest, the bill

must show a tender of the amount equitably due. Shelton o. Gill et

al. 417.
10. Where attorney's collecting fee is included in a judgment entered upon

a warrant of attorney, the judgment may be set aside. Ib.
11. Money paid on a judgment can not be recovered back while the judg.

ment remains in force. Job v. Collier, 422.
12. 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. Ib.
13. A judgment creditor may not unnecessarily, and without cause, relin-

quish a levy to the prejudice of purchasers; but embarrassments upon
the title, difficulties in making a fair sale, or the probability of not
making the money from it in consequence of earlier incumbrances, are

sufficient causes. Bank of Lake Erie o. Western Reserve Bank, 444.
14. Lands lying under a judgment lien, which have been sold to purchasers,

must be sold to satisfy the judgment, in the inverse order of the dates

of the purchase. Ib.
16. The relation of principal and surety subsists after judgment. Ib.
16. A judgment will not be reversed, on the ground that an erroneous charge

has been given, if the charge be upon an abstract proposition, or out
of any case made by the evidence, and the verdict can be supported

by the proof. Creed v. Commercial Bank of Cincinnati, 489.
JURISDICTION-
1. The probate of a will, taken within the county at another placo than the

county seat, by the associate judges, is competent evidence to establish

the will. ' Lessee of Le Grange v. Ward et al. 257.
2. The solemn adjudications of courts, having jurisdiction over the subject

matter, are not void, but are valid until reversed. Ib.
3. No suit lies against the state, to compel payment of subscription to stock.

Miers and Coulson o. Zanesville and Maysville Turnpike Company,

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Jury-Landlord and Tenant.

JURISDICTION—Continued.
4. Where a receiver of tolls has been appointed by a court of competent jur-

isdiction, that court acquires authority to determine all questions touch-

ing distribution and appropriation. Ib.
6. 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.
6. The court has no power to order a sale of a female minor's land, after

she arrives at twelve years of age, upon the petition of a person ap-

pointed her guardian, while under that age. Perry v. Brainard, 442.
7. Such sale conveys no title. Ib.
JURY-
1. The right of a jury to judge of the law in a criminal case is not absolute,

but is to be exercised under the direction of the court. Montgomery 0.

The State, 424.
2. After a jury have returned their verdict-have been discharged and sep-

arated—they can not be recalled to alter or amend it. Sargent v. The

State, 472.
3. In criminal cases, the verdict should be received in presence of the pris-

oner, that he may have the jury polled. Ib.
4. The court may, and in some cases ought to, keep the jury together until

their verdict is rendered, and should require the sheriff to furnish them

with proper accommodations, and keep them in close custody. Ib.
LAND-
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 permanent leasehold estate is not a chattel, but is realty, subject to all

the laws which attach to land. Loring v. Melendy and others, 355.
4. Where lands have been sold subject to judgment liens, the purchasers,

as between themselves, may require them to be applied to the satisface
tion of the judgments, in the inverse order of the dates of purchase.

Bank of Lake Erie v. Western Reserve Bank, 444.
6. Where a parol contract, for the purchase or sale of land, is admitted by a

defendant, in his answer, without relying on the statute of frauds, per-

formance will be decreed. Woods v. Dille et al. 455.
0. Possession of land, obtained under a contract of purchase, does not be-

come adverse to the vendor while the contract is acted upon and pay-

ment made. Ib.
LANDLORD AND TENANT-
1. 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 o. Kattenborn et al. 265.

Larceny--Lien.

LANDLORD AND TENANT—Continued.
2. A landlord leasing to a cropper for one year, reserving as rent a part of

the grain, has a lien upon the growing crop, and the entire crop can
not be removed by the tenant, or those claiming under him, until the

rent is provided for. Case v. Hart and Humphrey, 364.
3. Trover will lie for the landlord's share. Ib.
LARCENY-

See CRIMES.
LAWS, FOREIGN-
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. In-

graham 0. Hart, 255.
See COMMERCIAL LAW; CONSTITUTIONAL LAW; STATUTES.
LEASE-

See LANDLORD AND TENANT.
LEASEHOLD-
A permanent leasehold estate is not a chattel, but is realty, subject to all

the laws and rules which attach to land. Loring o. Melendy, 255.
LEGISLATION-
1. The legislature may fill a prospective vacancy, that will happen before

the meeting of the next general assembly. Obio v. McCollister, 51 ;

Ohio v. Choate, 511.
2. They may change the limits of a county; and where an associate judge

fails to remove within the limits of the county for which he was elected,
within a reasonable time, the legislature may proceed to fill the office

by election. Ohio v. Choate, 511.
3. A law authorizing the appropriation of private property for public use,

without providing compensation to the owner, is void. Foote o. Cin.

cinnati, 408.
LEGISLATIVE PRACTICE-

Ohio v. Choate, 511.
LEVY-

See EXECUTION; LEASEHOLD ESTATE.
LIEN-
1. Where, on a ca. 8a., the defendant turns out real estate to release his

body, the lien of the judgment on other lands is not thereby dis-

charged. Douglas v. Wallace et al. 42.
2. The lien of a judgment, or mortgage, is not lost by the organization of &

new county, which includes the incumbered land within its limits.

Davidson v. Root, 98.
3. Judgment liens do not exist at common law. Their creation, extent, and

continuance depend entirely upon statutory provision. Ib.
4. That the lien may attach, the land must be in the county where the judg-

ment is rendered, at the time of its rendition; or if in another county,

there must be an actual levy. Ib.
5. Where mortgaged land falls into a new county, by its erection, a record

Malpractice Ministerial Fund.

LIEN—Continued.

of the mortgage, within the new limits, is not necessary to protect the

mortgagee against subsequent purchasers, without notice. Ib.
6. A common carrier, receiving goods in the ordinary course of business, and

in the proper line of transit, has a lien for the freight and charges paid,
although the goods may have suffered damage before they reached him,

while in the hands of some preceding carrier. Bowman v. Hilton, 303.
7. To entitle a warehouseman to his lien for commission and advances,

the law imposes upon him nothing beyond what a prudent man would,
under like circumstances, have done in the management of his own

business. Ib.
8. Liens of this kind are favored in law. Ib.
9. A judgment lien can attach only to legal estates. Loring v. Melendy

and others, 355.
10. Where a deed is made absolute upon its face, although intended only as

security, the grantor has but an equity, upon which execution can not be

levied, nor any judgment lien attach. Ib.
11. A landlord, leasing to a cropper for one year, reserving, as rent, a part

of the grain, has a lien upon the growing crop, and the entire crop can
not be removed by the tenant, or those claiming under him, until the

rent is provided for. Case v. Hart and Humphrey, 364.
12. Trover will lie for the landlord's share, and his proportional share of

what was taken is the rule of damages. Ib.
13. Where lands, lying under judgment liens, have been sold to purchasers,

they must go to satisfy the judgments in the inverse order of the dates

of purchase. Bank of Lake Erie v. Western Reserve Bank, 444.
MALPRACTICE-

See ATTORNEY.
MANDAMUS-
Upon the return of a writ of mandamus, an issue must be made up, as in

an action on the case for false return. The State o. Trustees of Sec-

tions 29, 24.
MARRIED WOMAN-

See HUSBAND AND WIFE.
MERCHANT-
A merchant, commencing business after the 1st day of March, is bound

to report, for taxation, the whole amount of capital invested. The
average value on hand, during the year, is not sufficient. Treasurer of

Perry v. Hood & Moeller, 428.
See COMMISSION MERCHANT.
MINISTERIAL FUND-
1. Before any denomination of Christians can be entitled to any part of

the ministerial fund, arising from the rents of section 29, they must
have formed themselves into a society in the township in which the sec-
tion is located, and have given themselves a name. The State v.

Trustees of Sections 29, 24.
2. The agent, appointed to receive said fund, must have been appointed by

Minor-Mulattoes.

MINISTERIAL FUND-Continued.

the society as a collective body, and not by the individual members of

the society. Ib.
MINOR-

See GUARDIAN AND WARD.
MISTAKE-
1. A mistake, in law, may be corrected in equity. Semble. McNaughten

o. Partridge et al. 223, 480.
2. But a party may, by his conduct after discovery of the mistake, waive

and lose bis right to bave relief against such mistake. Ib. 235.
3. Where an instrument, by mistake of the parties as to the legal effect of

the terms used, fails to carry out their intention, relief will be afforded

in equity. Evants v. Strode's Adm’rs, 480.
4. A mistake will be corrected in equity. Ib.
5. A mistake, in a verdict, can not be corrected after the jury have been

discharged. Sargent 0. The State, 472.
MORTGAGE-
1. The lien of a judgment or mortgage is not lost by the organization of a

new county, which includes the incumbered land within its limits.

Davidson o. Root, 98.
2. Nor is a new record, within the newly organized county, necessary to

protect the mortgage against subsequent purchasers without notice.

Ib. 101.
3. The legal title of a trustee, under a deed of trust, with power to sell to

pay debts, is not divested by a discharge of the debts; but the trustee

may maintain ejectment. Moore o. Burnet, 334.
4. A mortgage is a mere incident to the debt, which it is intended to secure.

Ib. 341.
5. A mortgage lives and dies with the debt. Satisfaction destroys it. Ib.
6. But, in an ordinary deed of trust, a reconveyance from trustee to cestui

que trust, is necesary to reinvest him with the legal title. Ib.
7. An execution may be levied upon the interest of a mortgagor in posses-

sion of mortgaged lands. Seymour y. King and others, 342.
8. But it must be appraised at full price without regard to the mortgage. Ib.
9. The mortgage remains an incumbrance on the land, and may be asserted

against the purchaser. Ib.
10. This atiords a sound reason for abandoning such levy. Ib.
11. A court of equity is the proper tribunal to adjust the interests of all

parties. Ib. 343.
12. Where, prior to a judgment, a permanent leasehold estate had been con-

veyed by deed absolute upon its face, though intended only as a secu-
rity, there remained only an equitable interest in the judgment debtor,
to which no judgment lien attached; and a creditor, who first pursued
the equity by bill, is entitled to be first satisfied. Loring v. Melendy

and others, 355.
MULATTOES-

See BLACKS, NEGROES, AND MULATTOES.

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