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TABLE OF CASES.
DECIDED BY THE
Supreme Court of Ohio,
BEFORE ALL THE JUDGES,
AT A SPECIAL SESSION HOLDEN AT COLUMBUS, DEC., 1829.
LESSEE OF LUDLOW'S HEIRS v. CULBERTSON Park.
When a case is reserved on the circuit, the facts material to its decision should be drawn up in writing, approved by the court, filed among the papers, and sent with them to the court in bank.
An order of court authorizing administrators to sell the real estate of their intestato, made subsequent to the sale, can not be given in evidence to sustain such sale.
Where, at the trial, evidence offered is rightly rejected, but an incorrect reason assigned for such rejection by the court, it is no ground for a new trial. An order of court authorizing administrators to sell intestates' real estate, excepting that of a specified character, can not be given in evidence to sustain a sale of any of the lands excepted from its operation by its terms. In a motion for a new trial, upon account of newly discovered evidence, the evidence must be disclosed, and the motion granted or refused, according as the court may suppose such evidence affects the justice of the case.
THIS was an ejectment, tried before the Supreme Court, in Hamilton county, in which a verdict was founded for the plaintiff, and a motion was made by the defendant for a new trial, which motion VOL. IV-1