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Excerpt from Reports of Cases Argued and Determined in Ohio Courts of Record, Except Supreme and Circuit, Vol. 10: Supplement to the Ohio Legal News On her death bed the mother charged it as a sacred duty upon her relatives to see that her children were reared in the Catholic faith. On the other hand, it is proven beyond controversy that the father, who survives her several years, was vehement and urgent in his expressed purpose and wish to have them reared - not in any particular Protestant church - but as non-catholics, or perhaps it were better to say, anti Catholics. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...is never carried by construction beyond the clear expression of the statute creating it. Sherman in Lessee of Bond v. Swearingen, 1 Ohio, 403. "It is elementary that forfeitures are not favored and are adjudged even in courts of law upon strict right. Covenants of lorfeiture are to be construed strictly and most strongly against the parties claiming a forfeiture. Wright, 57. Sutlif, C. J'., Smith v. Whitbeck, 13 Ohio St., 477, says: "He who asserts for himself title by forfeiture must prove it by establishing every fact and showing every circumstance and condition requisite to constitute a forfeiture without the benefit of any presumptions in his favor." " Lane, C. 1., Lessee of Boyd v. Talbert, 12 Ohio, 214, says: "The exaction of this right (forfeiture), meets with little countenance from the law, and he who asserts it must strictly comply with every condition to the letter." These elementary principles have never been abrogated in Ohio. There seems no satisfactory reason why they apply to freeholds and not to estates for years. The controlling feature of the principle is that an expectancy is not the subject of transfer; that a reverter depending on the happening of an uncertain event does not pass under the general terms of the deed. It follows that the right to declare the forfeiture before the expiration of the ten years never vested in Thompson. He could not, therefore, elect to terminate the estate. The above instruction to the jury would seem to be erroneous, and the complaint does not state a_cause that Thompson can maintain. The motion is allowed. Ridenour 67' Half/zz'll, for plaintiff in error. Ricliie, Leland 9' Roby, for defendant in error. DEBTQRS AND CREDITORScents Hamilton Commo
Excerpt from Reports of Cases Argued and Determined in Ohio Courts of Record Except Supreme and Circuit, 1909: Volume 19 Ohio Decisions; Volume 16 Nisi Prius Reports About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...is whether or not the county commissioners have the power upon a petition under Lan. R. L. 7628 (R. S. 4447) to straighten, widen and deepen the channel of a natural water course already existing by nature, to extend the improvement for that purpose beyond the termini mentioned in the original petition. Certain other questions attempted to be raised in this question cannot be considered here, as it is well settled they must be raised and determined by review in the original proceedings. The first point to be decided by this court is to what extent, if any, may the remedy of injunction by a separate suit, be invoked by a. party to correct errors which appear upon the record of the commissioners. There has been some conflict as to whether or not a party to a proceeding may not raise the question by separate proceeding in injunction where the error complained of goes to the very life and validity of the proceedings themselves, --that is to say, as to the jurisdiction of the commissioners. ' It appears well settled that if the error complained of does not appear on the record the only relief to which a party may be entitled must come by a separate action and such proceeding as the one at bar could be maintained. Whatever doubt may have existed on this subject heretofore, it seems now settled in this state by Haflf v. Fuller, 45 Ohio St. 495 15 N. E. Rep. 479 that this action cannot be maintained if the error appear upon the record of the proceedings of the commissioners. And this is true even though the judgment of the commissioners be void for want of jurisdiction or otherwise. The prevailing tendency of the courts have now been towards the establishment of the simple test in such cases, of whether an adequate remedy exists at law for...
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