
    Cincinnati, Hamilton and Dayton Railroad Company v. Frank L. Harter.
    Motion for leave to file a petition in error to reverse tht judgment of the District Court of Miami county.
    
      James Murray, for the motion :
    The president of the company had no authority to execute the deed. In every case of agency a purchaser of realty must look to the authority of him who executes the deed; and a deed ddly executed by such an agent is prima faeie good, and forces the company to prove want of authority, yet when such want of authority is proved the title fails. Angelí on Corp., ch. 7, sec. 7; 7 S. & Rawle, 530; 1 Ves. & Ben. 226; 6 S. & Rawle, 12; 4 Yerg. 7.
    
      Walter S. Thomas, contra, claimed the deed was good and sufficient: and cited 17 Ohio St. 571; 2 Met. 166; 6-Paige Ch. 54.
   By the Court.

A deed executed by the president of a railroad company in due form, under the seal of the corporation, and delivered, will be presumed to have been authorized by the directors; and the mere fact that such authority is not found on their minutes will not rebut the-presumption.

Leave refused.  