Without Opinion. erly and effectively, and attached to the purchase money received therefor. Fourth. That if under the laws of Virginia, it was necessary for William Leigh, executor, to obtain the consent and order of a court of competent jurisdiction to sell lands of which his testator had not died seized, but were purchased by the executor after the death of his testator in pursuance of the authority and discretion vested in him by the will, the presumption obtains that such order and direction of a court of competent jurisdiction was obtained prior to the sale and conveyance of the lands, and that he fully accounted for the proceeds of the sale; that no evidence was offered to the contrary, and that by reason of the fact that the records of the proceedings of the executor and the settlements made by him were destroyed by fire when the court house in Richmond, Va., was burned almost fifty years before the commencement of this action, the burden is upon the plaintiffs to prove by preponderance of the evidence that no such order was obtained and that no record thereof was ever made. Fifth. That no evidence was offered tending to prove, that William Leigh, executor, had not fully, properly, and honestly administered his trust, according to intent and purpose of the testator and according to the terms and directions contained in the will of John Randolph, or that the beneficiaries of the trust created by this will have not received the full benefit of the entire trust fund including the part invested in these lands and restored to the trust funds from the proceeds of their sale. Cases Reported Without Opinion. Sixth. That it appears from the evidence, that these manumitted slaves were fully advised of their destination and of the fact that these lands had been purchased for their use in Mercer county, and if William Leigh as executor had no power or authority to sell said lands and apply the proceeds of the sale of their uses in other localities, that his act in so doing was an open, notorious violation of his trust, known to them and acquiesced in by them at the time, and this action is barred by the statute of limitations. NICHOLS, C. J., WANAMAKER, NEWMAN, JONES, JOHNSON and DONAHUE, JJ., concur. MATTHIAS, J., not participating. INDEX. ABANDONMENT — Question abandonment of office of highway commissioner under ACCEPTANCE- See Consenting to probate and acceptance of legacy not a bar to ACKNOWLEDGMENT — Power of attorney to execute lease must be acknowledged and ACTIONS- Consenting to probate and acceptance of legacy not a bar to Injunction lies although acts punishable as crime, when. See Suits against state not authorized by Section 16, Article 1, Con- Claimant may sue purchaser of personalty sold by sheriff on See Penna. Co. v. Statutes of limitations in action to enforce stockholder's liability. Erroneous reversal because sufficient facts not pleaded - All ACT OF GENERAL ASSEMBLY- Construction to be given where legislature declares purpose of Age and Schooling Certificate Appeal and Error. --- AGE AND SCHOOLING CERTIFICATE- Age and schooling certificate provided by Sections 7765 and 7766, AGENCY- Rights and liabilities under defectively executed lease by agent Scope of Section 9586, General Code, making solicitor of in- ALIAS- Failure to prove alias not fatal variance, when. See State v. AMENDMENTS- Office of highway commissioner not abolished by amendment, re- Repeal or amendment of ordinance merging offices of city clerk APPEAL AND ERROR- Courts of appeals may review finding of mayor in local option Appeal lies from industrial commission to common pleas court Dismissal by supreme court because no final judgment rendered Appellate jurisdiction of court of appeals. See Cin. Trac. Co. v. Assault and Battery- Attachment. ASSAULT AND BATTERY- Not error to fail to charge jury as to assault and battery in ASSESSMENTS-- 1. Sewers-Exemption - Burden to prove local drainage suffi- - -- 2. Sewers Exemption - Local drainage - Across lot of another 3. Sewers-Exemption - Local drainage - Permanence of con- Proof to sustain petition to enforce unpaid liquor assessments - ATTACHMENT- 1. Attachment statutes are remedial - Statutes pertaining to at- 2. Attachment statutes liberally construed - To reenforce this |