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referred to, in order to explain what is doubtful in the act itself. The
State v. Granville Alexandrian Society, 10.
proceedings. Tousey v. Avery, 90.
ment of the common pleas. Hoy v. Hites, 254.
v. Ellery, 306.
Laws, 13. Wilcox & Welch v. Kellogg and others, 394.
other water-craft, Swan's Stat. 209. Canal-boat Huron v. Simmons, 458
kenburg o. The State, 404.
to public use, it is held that a statute, authorizing the appropriation of
the owner, is void. Foote v. Cincinnati, 408.
fact triable by a jury, and provable, if necessary, by witnesses. In.
graham v. Hart, 255.
tions that statute has received by construction, or otherwise, not de
facts to be disclosed by replication. Ib.
Foote v. Cincinnati, 408.
See PRINCIPAL AND SURETY, 4.
See ROADS AND HIGHWAYS.
liable to each other in the order of their becoming parties. Williams
0. Bosson & Bros. 62.
pal, and which is surety, can not be corrected by writ of error. Kelly
v. Collins, 310.
rendered. Ib. 311.
tions, error would lie. Ib.
ments of the principal debtor, unincumbered by mortgage, is sufficient
v. King, 342.
the officer of the law, and the creditor need look to no othe, source of
information than his official return. Ib.
correct it, on inotion, in the court where it is returnable. Ib.
benefit of the judgment by way of substitution. Ib. 543.
See HUSBAND AND WITE.
so applied are subject to the tax imposed by the act of March 12, 1831.
The State o. Farmers' Bank of Canton, 94.
to report, for taxation, the whole amount invested. The average value
v. Hood and Moeller, 428.
of confirmation describes a sale made on the 10th, 11th, and 12th
days of December, no title passes. Northrop o. Devore, 359.
See CHANCERY, 34; INTEREST, 2.
Lewis et al. v. Baldwin et al. 352.
time was extended without his consent, is bad, not being an answer to
the whole cause of action. Slipher v. Fisher et al. 299.
of time. Fox v. Hart, 414.
of competent jurisdiction, it acquires jurisdiction to determine all ques-
out and construct a turnpike road, not exceeding one hundred feet in
nati, Columbus and Wooster Turnpike Co. 392.
See MINISTERIAL FUND; PAUPER.
vote without proof of express malice. Jeffries v. Ankeny and others,
severe penalty. Ib. 374.
See LANDLORD AND TENANT.
the payment of debts, is not divested by the discharge of the debts,
but the trustee may maintain ejectment. Moore v. Burnet, 334.
vest him with the legal title. Ib.
It lives and dies with the debt; satisfaction destroys it. Ib.
trustee, to her husband. Lewis and others o. Baldwin and others, 352.
the trus tee ought to have conveyed to bim, a conveyance will be pre-
sumed. Kinsman v. Loomis et al. .475.
who attacks tho rights of one in possession. Ib.
vote. Jeffries 0. Ankeny and others, 372.
wherein he does not reside, is guilty of intrusion and usurpation, Ohio
o. Choate, 511.
See BANKS AND BANKING; INTEREST.
See OFFICE, 8–10.
Vendors and Purchasers,
VENDORS AND PURCHASERS1. In the sale of real estate by auction, a mistake, by the auctioneer, in
entering the name of the owner of the real estate in the memorandum of sale, will be corrected in equity. Pugh and Shultz o. Chesseldine,
109. 2. If the purchaser bas treated the contract as valid, although he might
have abandoned it, he will be required to perform it. Ib. 3. When the contract is for a good title, a quitclaim deed is sufficient, if the
grantor has the title. Ib. 4. The auctioneer is the agent for both parties, and the sale must be con
ducted in the utmost good faith. The bidder, as a general rule, has the right to
ly on the printed conditions or verbal representations of the auctioneer; and, if they are not substantially true, it is a fraud upon
the purchaser, and he is not bound by his bid. Ib. 6. Where a patent for land recites assignments by persons competent to
convey, there is no presumptive notice, to one who derives title under such patent, of latent defects in the assignments. Bell and wife o.
Duncan et al. 192. 6. The defense of bona fide purchaser is available to one deriving title under
such patent. Ib. 7. It is otherwise, if the patent recites assignments by persons not compe
tent to convey title. Ib. 8. Where a commission merchant, from time to time, sends an account of
sales to his principal, who makes no objection to the sales, and draws for the balance of the account rendered, it.is a ratification of the sales, and the principal can not recover for any alleged violation of his instructions, as to the terms of sale. Woodward v. Suydam & Blyden
burg, 360. 9. Where lands, lying under judgment liens, have been sold to purchasers,
they must go to satisfy the judgment, in the inverse order of the dates
of purchase. Bank of Lake Erie v. Western Reserve Bank, 444. 10. Where joint debtors sell lands, subject to a judgment lien, they confer
an equity upon the purchaser to exempt what he purchases from the burden, until all the other lands, subject to the lien, whether held
jointly or severally, shall be exhausted. Ib. 11. Subsequent purchasers acquire the same equity, but subordinate to that
of elder purchasers. Ib. 12. Where a parol contract, for the purchase or sale of lands, is admitted by
a defendunt in his answer, without relying on the statute of frauds, per
formance will be decreed. Woods v. Dille et al. 455. 13. What protection will be extended to a bona fide purchaser, without
notice, is a question that does not arise, where neither party has the
legal title. Ib. 14. In sales of personal property, there is an implied warranty, that the
vendor has title to the property, and the law raises the same implication against the vendor of paient rights. Darst v. Brockway et al. 462.
and must depend upon the circumstances of each particular case. Bank
of Cleveland v. Ward et al. 128.
only upon clear and satisfactory proof, that fair and impartial justice,
menced. Ib. VERDICT
See JURY, 2, 3, 4.
ful voto, without proof of express malice; but it is only in case of in-
Jeffries v. Ankeny and others, 372.
is a lawful voter. Ib. 4. Where the court instructed the jury that a man, who has any negro
blood whatever, was not a lawful voter, it is error. Thacker v. Hawk,
voters of the city, at the time and place of holding their annual election
ceptance, there taken, was void. Foote o. Cincinnati, 408. WARRANT OF ATTORNEY
See ATTORNEY, 6. WARRANTY
See COVENANT, 1; ESTOPPEL, 1, 2, 3; CONTRACT, 5, 6. WATER-COURSE
See BOUNDARY, 1. WATER-CRAFT
See Boats, 1, 2. WAY
See ROADS AND HIGHWAYS. WIDOW
See DOWER. WILLS1. The probate of a will, taken within the county at another place than the
county seat, by the associate judges, is competent evidence to establish
the will. Lessee of Le Grange o. Ward et al. 257.
will, unless it make an entire disposition of the estate; but, to any por-