Statutes Expounded-Surety.

STATUTES EXPOUNDED
1. The title of an act does not constitute any part of an act; but it may be

referred to, in order to explain what is doubtful in the act itself. The

State v. Granville Alexandrian Society, 10.
2. Act for the abolishment of imprisonment for debt, effect of, upon pending

proceedings. Tousey v. Avery, 90.
3. Under the statute for partition, there can be no appeal from the judg.

ment of the common pleas. Hoy v. Hites, 254.
4. Act regulating taxation and collection of costs, Swan's Stat. 405. Elliott

v. Ellery, 306.
5. The act of February 13, 1835, relating to fraudulent assessments, 33 Ohio

Laws, 13. Wilcox & Welch v. Kellogg and others, 394.
6. The act providing for the collection of claims against steamboats, and

other water-craft, Swan's Stat. 209. Canal-boat Huron v. Simmons, 458
7. The act for the punishment of crimnes, Swan's Stat., secs. 22, 29. Vanval

kenburg o. The State, 404.
8. In respect to statutes authorizing the appropriation of private property

to public use, it is held that a statute, authorizing the appropriation of
private property to the public use, without providing compensation to

the owner, is void. Foote v. Cincinnati, 408.
STATUTES, FOREIGN-
1. The existence of a law in a sistor state, of foreign jurisdiction, is matter of

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

graham v. Hart, 255.
2. Where a plea discloses a defense under a foreign statute, the modifica.

tions that statute has received by construction, or otherwise, not de
pending upon the just interpretation of the words of the statute, are

facts to be disclosed by replication. Ib.
STEAMBOAT-

See INSURANCE.
STREETS IN CINCINNATI-

Foote v. Cincinnati, 408.
STREAM-

See BOUNDARY.
SUBSTITUTION-

See PRINCIPAL AND SURETY, 4.
SUPERVISOR-

See ROADS AND HIGHWAYS.
EURETY-
1. The indorsers of an accommodation bill are not joint sureties, but are

liable to each other in the order of their becoming parties. Williams

0. Bosson & Bros. 62.
2. The omission to make the certificate, which judgment debtor is princi-

pal, and which is surety, can not be corrected by writ of error. Kelly

v. Collins, 310.
3. The omission may be corrected in the court where the judgment was

rendered. Ib. 311.

Survey-Tolls.

SURETY- Continued.
4. If it were refused in a proper caso, and made appear by bill of ex

tions, error would lie. Ib.
6. A sheriff's return, that he could find no goods or chattels, lands or tene-

ments of the principal debtor, unincumbered by mortgage, is sufficient
to authorize suit against the sureties, on an injunction bond. Seymour

v. King, 342.
6. The sheriff's return is to be taken as true between the parties, for he is

the officer of the law, and the creditor need look to no othe, source of

information than his official return. Ib.
7. Perhaps the surety have such an interest in the return that they may

correct it, on inotion, in the court where it is returnable. Ib.
8. The surety may protect himself by paying the debt and claiming the

benefit of the judgment by way of substitution. Ib. 543.
See PRINCIPAL AND SURETY, 1-3, 8.
SURVEY

See BOUNDARY.
SURVIVORSHIP

See HUSBAND AND WITE.
TAXES
1. When the profits of a bank are applied in payment of stock, the profits

so applied are subject to the tax imposed by the act of March 12, 1831.

The State o. Farmers' Bank of Canton, 94.
2. A merchant, commencing business after the 1st day of March, is bound

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

v. Hood and Moeller, 428.
TAX TITLE--
When a sale for taxes is made on the 10th day of November, and the order

of confirmation describes a sale made on the 10th, 11th, and 12th

days of December, no title passes. Northrop o. Devore, 359.
See DEED,
TENDER-

See CHANCERY, 34; INTEREST, 2.
TENANTS IN COMMON

Lewis et al. v. Baldwin et al. 352.
TIME-
1. In a suit against principal and surety, a plea, by the surety, that the

time was extended without his consent, is bad, not being an answer to

the whole cause of action. Slipher v. Fisher et al. 299.
2. The public right to a highway may be lost by non-user for a great length

of time. Fox v. Hart, 414.
TOLLS-
Where there is a receiver of tolls appointed under the statute by a court

of competent jurisdiction, it acquires jurisdiction to determine all ques-
tions touching distribution and appropriation. Miers and Coulson o.
Zanesville and Maysville Turnpike Co. 273.

Toll-houses--Vacancy.

TOLL-HOUSES-
An incorporated road company, which is authorized, by its charte:, to lay

out and construct a turnpike road, not exceeding one hundred feet in
width, to erect gates and collect toll, has no right to appropriate, for a
toll-house, land lying without the line of the road. Kemper v. Cincin-

nati, Columbus and Wooster Turnpike Co. 392.
TOWNSHIP-

See MINISTERIAL FUND; PAUPER.
TOWNSHIP TRUSTEES-
1. An action on the case lies against township trustees for refusing a lawful

vote without proof of express malice. Jeffries v. Ankeny and others,

372.
2. But it is only in case of intentional injury that the jury will be likely to
inflict

severe penalty. Ib. 374.
TREASURER OF COUNTY-

See AUDITOR.
TROVER-

See LANDLORD AND TENANT.
TRUST AND TRUSTEE-
1. The legal title of a trustee, under a deed of trust, with power to sell for

the payment of debts, is not divested by the discharge of the debts,

but the trustee may maintain ejectment. Moore v. Burnet, 334.
2. A conveyance by the trustee to the cestui que trust is necessary to rein-

vest him with the legal title. Ib.
3. But a mortgage is a mere incident to a debt which it is intended to

It lives and dies with the debt; satisfaction destroys it. Ib.
4. A wife may transmit her separate estate, through the intervention of a

trustee, to her husband. Lewis and others o. Baldwin and others, 352.
6. Where a cestui que trust is for a long time in possession of land which

the trus tee ought to have conveyed to bim, a conveyance will be pre-

sumed. Kinsman v. Loomis et al. .475.
6. But this presumption only springs from possession, and will not aid him

who attacks tho rights of one in possession. Ib.
TRUSTEES OF TOWNSHIP-
An action on the case lies against township trustees for refusing a lawful

vote. Jeffries 0. Ankeny and others, 372.
Sce OVERSEERS OF Poor; TowNSHIP.
USURPATION OF OFFICE-
A person who attempts to exercise the office of associate judge, in a county

wherein he does not reside, is guilty of intrusion and usurpation, Ohio

o. Choate, 511.
USURY-

See BANKS AND BANKING; INTEREST.
VACANCY

See OFFICE, 8–10.

secure.

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.

VENUE-
1. The power to change the venue rests in the sound discretion of the court,

and must depend upon the circumstances of each particular case. Bank

of Cleveland v. Ward et al. 128.
2. The venue should not be changed on the affidavit of the party alone, but

only upon clear and satisfactory proof, that fair and impartial justice,
probably, can not be obtained in the county where the suit was com-

menced. Ib. VERDICT

See JURY, 2, 3, 4.
VOTES AND VOTERS-
1. An action, on the case, lies against township trustees, for refusing a law-

ful voto, without proof of express malice; but it is only in case of in-
tentional injury, that the jury will be likely to inflict a sevure penalty.

Jeffries v. Ankeny and others, 372.
2. A person, the offspring of a white man and a half-breed Indian woman,

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,

376.
4. Where an amendment to the charter of Cincinnati, provided that the

voters of the city, at the time and place of holding their annual election
in April, should vote, by ballot, for or against said act becoming a part
of the charter of the city, it was held that a vote, taken at the township
polls, was not a proper compliance with the law, and that a vote of ac-

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

will, unless it make an entire disposition of the estate; but, to any por-
tion undisposed of by the deed, the will attaches, pro tanto, and carries
it to the devisee. Brush v. Brush, 287.