Presumption. Principal and Surety. Prison Bounds Bond.
1. For the purpose of supporting a continued possession of over forty years,
under a defectively executed conveyance by a cestui que trust, who,
during the whole period, had made no claim thereto and was under no
disability, a good title to the equitable estate in the occupant will be
presumed, and the trustee holding the outstanding naked legal title en-
joined from disturbing the person in possession. Bierce et al. v. Pierce
et al., 529.
2. Payment of a note will be presumed after the lapse of thirty-eight years.
Williamson's Administrator v. The Administrator of Rees et al., 572.
3. After the lapse of thirty-six years, the very slight impression upon pro-
cess will be presumed to be the seal, and the distinct impression of the
seal will be presumed to be lost from the lapse of time. Heighway v.
Pendleton, 735.
1. When a mortgage has been given to a person to indemnify him as in-
dorser for the mortgagor, and the mortgagee has been sued to judg-
ment on such indorsement; under a bill in chancery brought by
others having liens upon the mortgaged premises, to subject the same
to sale, in which all parties are before the Court, such mortgagee may
require the avails of the sale to be applied in discharge of the judg-
ment against him, though he has not actually paid the money. Kra-
mer et al. v. F. and M. Bank of Steubenville, 253.
2. When judgment has been obtained against principal and surety, and the
principal is insolvent, a court of equity will entertain jurisdiction of a
suit brought by the surety for the purpose of reaching credits of the
principal and appropriating them in payment of the judgment, although
the surety has not paid the money. McConnell v. Scott et al., 401.
3. Where several have signed a joint and several note, as sureties, and suit
has been brought upon the note against one, and the claim kept alive,
as to him, till it is finally paid, but at a time when his co-sureties are
discharged by the statute of limitations, or by presumption of payment,
he cannot sustain an action against them for contribution. William-
son's Administrator v. The Administrator of Rees et al., 572.
1. It is a good defence to an action upon a "prison bounds bond,” that no
order was made by the Court or Judge for the issuing of the ca. sa.,
that the order was made without preliminary proof, or that the ca. sa.
has been quashed for irregularity. Hyatt v. Robinson et al., 372.
Process. Promissory Note. Quo Warranto. Recognizance. Release.
PRISON BOUNDS BOND-Continued.
2. It is no defence in such case, that the penalty of the bond is more or less
than required by the statute; that the order for issuing the ca. sa. is not
recited in nor indorsed upon the writ; nor that the facts upon which
the order was made are not true.
1. When process bears the proper test and is signed by a deputy clerk, it
is sufficient. Walke et al. v. Bank of Circleville, 288.
2. Process bearing test thus: "Witness my signature and the seal of our
said Court of Common Pleas, this 8th day of December, 1841, A. B.,
Clerk," is good. Chapin v. Allison, 566.
3. After the lapse of thirty-six years, the very slight impression upon pro-
cess will be presumed to be the seal, and the distinct impression of the
seal will be presumed to be lost from the lapse of time. Heighway v.
Pendleton, 735.
4. If mesne process be not sealed, and no objection be made on that account,
and judgment be rendered, and the judgment be afterwards revived,
without any objection to its validity or the validity of the process on
which the original judgment was rendered, the right to object, on the
ground of want of seal, is lost. Ibid.
1. It is no objection to the negotiability of a promissory note that it is made
payable in current Ohio bank notes. Swetland et al. v. Creigh et al.,
118.
2. An action may be maintained at law upon negotiable paper, by the owner,
which has been lost after it fell due. Thayer et al. v. King, 242.
1. To an information filed in the nature of a quo warranto, where the aver-
ment is a continued usurpation of office, the answer must set out ex-
pressly the continuance of every qualification necessary to the enjoy-
ment of the office. Ohio, ex rel. Kemper, v. Beecher, 723.
2. It is not sufficient to state the qualifications necessary to the appointment
and rely on the presumption of their continuance. Ibid.
See CRIMES and CRIMINAL PROCEEDINGS, 5, 6, 7.
A release of all actions and causes of action given to the acceptor of a bill
of exchange, on a composition with creditors, does not embrace money
Return. Sabbath. Scire Facias. Seal. Service. Sheriff's Deed. Slander.
afterwards paid, as indorser, when the bill had been negotiated before
due, and at the date of the release was bona fide held by a third party.
Crawford v. Swearingen, 264.
It is a sufficient service of a summons if the sheriff return that he left a
copy of the writ at the residence of the defendant. Walke et al. v.
Bank of Circleville, 288.
1. The prohibition of common labor upon the Sabbath, in the act for the
prevention of immoral practices, embraces the business of "trading,
bartering, selling or buying any goods, wares or merchandise." City of
Cincinnati v. Rice, 225.
2. The ordinance of the city of Cincinnati prohibiting such "trading," &c.,
on Sunday, is void as to those who conscientiously do observe the sev-
enth day of the week as the Sabbath. Ibid.
Where lands have descended to heirs and been by them sold and conveyed,
whether scire facias is the appropriate remedy for a judgment creditor
of their ancestor to enforce the collection of his judgment of the lands
so held and conveyed; quere. Hutchinson's Executor v. Hutchinson
et al., 301.
1. Under the law of 1805, when there had been a breach of the condition
of a mortgage and the mortgagor was dead, the scire facias might be
directed to and served upon his administrator. Heighway v. Pendle-
ton, 735.
2. Service of citation in error on the attorney, after the death of the party,
is invalid. Cisna's Administrator v. Beach, 300.
SHERIFF'S DEED.
See ACKNOWLEDGMENT, 4.
1. To call a woman a hermaphrodite is actionable, without laying special
damages. Malone v. Stewart and Wife, 319.
2. Speaking words of a female, having a tendency to wound her feelings,
bring her into contempt and prevent her from occupying that position
in society which is her right, as a woman, is actionable in itself. Ibid.
STATUTES EXPOUNDED.
1. The act of March 12th, 1845, entitled "an act to regulate the judicial
courts, and the practice thereof," does not require a bond to be filed
previous to the issuing of a writ of error; such bond need only be filed
when designed to operate as a supersedeas. Barker v. Cory, 9.
2. The first section of the act amending the act allowing juries before jus-
tices of the peace, passed March 4th, 1845. Ibid.
3. The first section of the act for the relief of occupying claimants of land.
(Swan's Statues, 605.) Lessee of Waldron v. Woodcock, 13.
4. The eighth section of the act to provide for the internal improvement of
the State by navigable canals. (Swan's Statutes, 747-8.) Bliss, by his
friend, v. Hosmer, 44.
5. The act authorizing the appraisal of property levied on execution, passed
January 19, 1843. (Ohio Laws, vol. XLI. page 10.) Darling et al. v.
Peck et al., 65.
6. The first section of the act making certain instruments of writing nego-
tiable. (Swan's Statutes, 587.) Swetland et al. v. Creigh et al., 118.
7. The act to provide for the sale of land forfeited to the State for nonpay-
ment of taxes. (Swan's Statutes, 927.) Lessee of Hannel v. Smith,
8. The tenth section of the act for the relief of occupying claimants of land.
(Swan's Statutes, 608.) Lessee of Wilkins' Heirs v. Huse et al., 285.
9. The act authorizing the appointment of deputies by clerks, &c. (Swan's
Statutes, 284.) Walke et al. v. Bank of Circleville, 288.
10. The forty-third section of the act "defining the duties of executors and
administrators," passed in 1831. (Chase's Statutes, 1784.) Spicer v.
Giselman et al., 338.
11. The act to amend the act providing for "the proof, acknowledgment and
recording of deeds, &c., passed February 22, 1831." (Swan's Statutes,
269.) Barton's Lessee v. The Heirs of Morris, 408.
12. The 105th and 106th sections of the act defining the powers and duties
of justices of the peace and constables, in civil cases. (Swan's Statutes,
525.) Harrington v. Heath, 483.
13. The same in Caldwell et al. v. Dunshee, 488.
14. Section twenty of the act directing the mode of trial in criminal cases.
(Swan's Statutes, 727.) Powell v. The State, 579.
Statutes Expounded. Supersedeas. Tax. Tax Sale.
STATUTES EXPOUNDED-Continued.
15. The act to allow writs of error in criminal cases. (Swan's Statutes, 731.)
The State v. Clark et al., 579.
16. The act providing for proceedings against
steamboats and other water
Canal Boat Etna v. Treat,
17. The 104th section of the act to regulate the practice of the judicial courts.
(Swan's Statutes, 679, Error.) Bayless v. Belmont Bank of St.
Clairsville, 606.
18. The 17th section of the act providing "for taxing all property in this
State according to its true value." (XLIV. Ohio Laws, 85.) Jackson v.
The State, 652.
19. The act of 1824, defining the duties of executors and administrators.
Robb v. Irwin et al., 689.
Lewis et al. v. Lewis' Administratrix, 715.
1. The power given to the City of Cincinnati by its charter to license and
regulate draymen, confers no taxing power over them. Cincinnati v.
Bryson, 625.
2. Under the law of March 2, 1846, providing "for taxing all property in
this State according to its true value," capital invested in the business
of purchasing hogs, and slaughtering and packing pork, for sale or
transportation, is subject to taxation. Jackson v. The State, 652.
1. The list of forfeited lands furnished by the Auditor of State to County
Auditors, for sale, must be authenticated by the seal of his office and
signed by himself or his chief clerk. Lessee of Hannel v. Smith, 134.
2. A sale of such lands will not be valid unless they have previously been
listed for taxation by some pertinent description. Ibid.
3. In the Virginia Military District, where lands are entered upon the du
plicate for taxation before the patent has issued, and are sold for the
nonpayment of the tax, the purchaser takes the entire interest of the
former owner, and if such owner subsequently receives a patent,
will be treated as a trustee for the purchaser at the tax sale, and be
compelled to convey the legal title to such purchaser; provided the
proceedings are regular and in conformity with law. Gwynne v. Nis
wanger, 367.
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