2. In arriving at the total amount of dam-weight of the evidence. Other questions not ages in such cases, the jury should consider passed upon. the pecuniary injury to each separate beneficiary, not found guilty of contributory negligence, but the verdict should be for a gross sum, not exceeding ten thousand dollars. 3. In such actions the defense of contributory negligence, contributed to the death of the deceased, but the contributory negligence of some of the beneficiaries, will not defeat the action as to others, who were not guilty of such negligence. judgment affirmed. 3654. Eliza L. Joyce v. Frederick L. Dauntz et al. Error to the circuit court of Pickaway county. WILLIAMS, C. J. 1. As a general rule, any person having an interest in property subject to an incumbrance which may defeat or impair his title, has the right to disengage the property by payment of the incumbrance, and when he does so, if the debt is not one for which he is personally liable, he is entitled to be subrogated to the rights of the incumbrancer against the property; and, subrogation arises by operation of law, whenever a mortgage debt is extinguished by one entitled to redeem, other than the mortgagor or person ultimately liable for the mortgage debt. 2. Where land encumbered by mortgage has been sold by the mortgagor for its full value, and the purchase money applied in satisfaction of the mortgage debt, equity will keep the mortgage security alive for the benefit of the purchaser, and enforce it for his protection as against incumbrances subsequent thereto; and where the purchase money so applied is but a partial payment on the mortgage debt, the purchaser will be entitled to enforce the lien to the extent necessary for his reimbursement, when that will not interfere with the mortgagee's security for the unpaid balance. 3. The right of the purchaser to subroga. tion in such case is not affected by notice of the incumbrances when he bought and paid for the land; nor is it necessary to his right that he show an intention was then present to keep the mortgage on foot for his protection, for that being to his advantage, the intention will be presumed. 3840. In the matter of the proceedings for contempt of court against Thomas F. Walsh et al. v. William A. Taylor et al. Error to the circuit court of Summit county. Judgment affirmed. 3855. The Syndicate Oil and Fuel Company v. Rebecca Blakesle et al. Error to the circuit court of Hancock county. Judgment affirmed. 3867. Chauncy H. Andrews et al. v. J. Craig Smith et al. Error to the circuit court of Mahoning county. Judgment affirmed. 3871. Edward Squire v. Lafayette Conkle, Treasurer. Error to the circuit court of Defiance county. Judgment affirmed. 5002. Charles J. Weaver v. The Columbus, Shawnee and Hocking Railway Company. Error to the circuit court of Franklin county. Judgment reversed and cause remanded to the circuit court with instructions to pass upon the questions presented by the bill of exceptions. To be reported. Motion Docket. 2793. Viola A. Casler et al. v. E. H. Bowen, Motion by plaintiff to reinstate cause No. 4535 on the general docket. Motion allowed. 2794. John Tucker v. The Board of Education of St. Albans township, Licking county, Ohio. Motion by plaintiff for extension of time to print record in cause No. 5231 on the general docket. Motion allowed and time extended to February 1, 1897. 2795. Luther J. Stewart v. The Village of Barnesville, Ohio. Motion for leave to file a petition in error to the circuit court of Belmont county. Motion allowed. 2796. J.T. Hinton v. The Village of Barnesville, O. Motion for leave to file a petition in error to the circuit court of Belmont county. Motion allowed. 2797. John Ayar v. The Village of Barnes ville, O. Motion for leave to file a petition in error to the circuit court of Belmont county. Motion allowed. 2798. The State of Ohio v. Joseph C. Hutchinson. Motion by plaintiff to advance cause No. 5302 on the general docket. Motion allowed and request for oral arguments noted. 2799. The State of Ohio v. Joseph C. Hutch3822. Effie A. Scott v. Katherine Wissler inson. Motion by plaintiff to advance cause Error to the circuit court of Ross No. 5303 on the general docket. Motion alcounty. Judgment affirmed. Minshall, J.,lowed and request for oral argument noted. Judgment affirmed. et al. did not sit in the case. 3823. James M. Glenn et al. v. Fred Raine, Auditor. Error to the general term of the superior court of Cincinnati. Judgment affirmed. New Cases. New cases filed in the supreme court since December 9, 1896. 3824. Lewis Fischer v. Julius Freiberg et 5368. James Andrews et al. v. Robert C. al. Error to the circuit court of Hamilton Finley et al. Error to the circuit court of county. Judgment affirmed on the authority Montgomery county. Wychlift & Belville, and of Wetzell v. Richcreek, 53 Ohio state, 62. P. A. Reece, for plaintiffs. Kennedy & Manit appearing that one ground of the reversal ger, and Albert Kerr, for defendants. of the common pleas by the circuit court may have been that the verdict was against the 5869. Lyman P. Lewis et al. v. The State of Ohio for, etc. Delaware county. Error to the circuit court of Delaware county. McElroy & Preston, for plaintiff. L. W. Ellenwood, for Carpenter, for plaintiffs. George Coyner, for defendant. defendant. 5370. W. R. Ryan et al. v. L. Dean Holden, Trustee. Error to the circuit court of Cuyahoga county. Arnold Green, for plaintiffs. Kline. Carr, Tolles & Goff, for defendant. 5371. Irvin C. Coe v. D. F. Erb, etc. Error to the circuit court of Franklin county. J. S. Friesner and G. T. Castle, for plaintiff. Thomas E. Steele, for defendant. 5372. The Fidelity Fire & Marine Ins Co. v. Francis J. Gastomski. Error to the circuit court of Cuyahog county. James M. Williams, for plaintiff. Frank A. Beecher, for defendant. 5373. The City of Circleville v. Ella M. Solm. Error to the circuit court of Pickaway county. C. A. Weldon and Clarence Curtain, for plaintiff. Abernathy & Folsom, and Schleyer & Gearhart, for defendant. 5374. The State of Ohio v. James G. Love. Error to the circuit court of Washington county. F. S. Monnett, attorney general and J. C. We Have a Few Sets of HOWE'S HISTORICAL COLLECTIONS ..OF OHIO. 5375. harles Klever et al. v. H. W. Riddle. Error to the circuit court of Madison county. Lincoln & Lincoln, for plaintiffs. Durflinger & Emery, for defendant. 5376. William Evans et al. v. Michael Riley. Error to the circuit court of Madison county. Wilson & Smith, and Lincoln & Lincoln, for plaintiffs. Booth, Keating & Peters, for defendant. 5377. The State of Ohio on application, etc., of Charles E. Iliff. Error to the circuit court of Hamilton county. Simral & Galvin, for plaintiff. Spiegle, Foraker & Rendigs, for defendant. 5378. Phillip Baker v. Druzilla Rice. Error to the circuit court of Knox county. C. S. Critchfield & Critchfield & Graham, for plaintiff. Critchfield & Devin, for defendant. 5379. John J. Ramage et al. v. The State of Ohio for the use of, etc., by George Coyner, prosecuting attorney. Error to the circuit court of Delaware county. McElroy & Carpenter, for plaintiffs. George Coyner, for defendant. 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