Page:Federal Reporter, 1st Series, Volume 3.djvu/69

 €2 FEDERAL REPORTER. �or to go into an arithmetical computation as to -whetlier the required consents had in faot been given, as to value or num- ber. No error was committed at the trial, and ail the excep- tions taken by the defendant must be overruled. �In addition to the foregoing considerations, it appears that "the bonds and the coupons were delivered to the railroad Com- pany in payment for the subscription made by the commis- flioners to the stock of the company, as authorized by section 4 of the act of 1869. This made the town a stockholder in the' Company, and it must be assumed that the oommissioners did their duty, and that the town reoeived the stock and has retained it, in the absence of any statement to the contrary, though the bill of exceptions is silent on that point. But it does appear that the road has been built and put in opera- tion, and that- the defendant paid the interest on its bonds for three years after they were issued. Under the cases of Supervisors v. Schenck, 6 Wall. 7T2; Penn. C. Go. v. Amy, 13 Wall. 297, and Commissioners v. January, 94 U. S. 202, it must be held that, as against the plaintiff, as a honafide holder, the town has ratified with fuU knowledge by the record of the aUeged defects, the acts of those who issued the bonds. �The motion for a new trial is denied, and the stay of pro- ceedings is vacated, and judgment is ordered for the plaintiff on the verdict. ���Tierblij and others v. Bacon and othera. �(Oi/rcuit Court, D. Massachusetts. July 17, 1880.) �1. Adopted CHII.D — Vestbd Lntbhest — Acts of 1871 (Gen. St. of Mass. e. 110) AND OF 1876 (c. 213, } 9) Cohstkded. �In Equity. �Bill in equity, praying that the defendant John H. Bacon, as he is trustee under the will of Edward C. Tirrell, may be ordered to convey to the complainants and others, heirs at ����