Page:Federal Reporter, 1st Series, Volume 2.djvu/524

 WHITING V. TOWN OF POTTER. 517 �executed or suffered," it was intended to relieve the case of ail embarrassment on the question of taxes. I am not pre- pared to admit this, although the point raised is close. The laws of lowa imposed the taxes. Taylor was not consiilted, but was passive in the matter, and was required to pay the taxes in order to protect the title held in trust, and it is not believed this clause in the decree concluded their adjustment. �I bave given this case such examination as the pressure of business will admit, and have arrived at the conclusion that Taylor is entitled to relief. An appeal to the circuit court, which is allowed, will afford ample opportunity for the cor- rection of any error. �A decree for a partition is granted, and the amount of taxes paid by Taylor, and only that, after he became the purchaser from the railway company, is allowed him, to be paid by the parties according to their respective interests in the lands. �A reference is ordered to the clerk, and the proper decree in conformity with this opinion will be entered, and the costs of the litigation shared by ail parties. ���Whiting V. The Town of Potter. {Circuit Court, N. D. New York. May 20, 1880.) �MuNiciPAi. Bonds— Petition to Issub to Invest in Railroad Stock — SuFPiciBNCT OF — Chaptbr 907, LawsN. y. 1869, asambndbdbt Ch. 925, Laws 1871. — The verification of a petition, under chapter 907, Laws N. T. 1869, as amended by chapter 925, Laws 1871, for the issuance of bonds by a municipal corporation to be invested in the stock or bonds of a railroad corporation, is a part of such petition, and if such petition and veriflcation, taken together, state the necessiiry facts required by statute, the county court to whom it is addressed will bave jurisdiction. �Bame — Same — " Tax Payees." — Where a petition and verification in such case uses the words "tax payers" it will be deemed to include owners of non-resident lands taxed as such. �Bame — Bona Pide Holdbb — Estoppbl. — Wherea municipality hadissued its bonds, under such statute, and invested them in railroad stock, which it retained, and had for a long time paid interest on such bonds, held, that it was estopped, as against a bonafide holder for value of inter- est coupons thereon, from questioning the validity of such bonds or coupons, but their conduct was a direct ratification of the acts of those who had issued them. ����