The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1867-04-11

II B. Davenport Is. j. z. Gibson
Question upon construction OF Colonel
Braxton Dayenport's will, whether the
plaintiff was bound to secure by a gen
eral OF special warranty, the lands de-
vised to defendants. The Court deci-
ded that the interest of the testator
would be accomplished by a special
warranty of title. Pendleton for com
plainant, Faulkner for defendants.
". II. Waller IS. j. z. Hazeleood.
Upon a notice to have the value Of
rent. reserved in grain, for the year
1868, astertained by verdict Of a jury.
Defence by tenant, that the grain was
seized by the rebels under General Ear
". Andrews and Faulkner for pltff.
Blackburn and Stanton for defendant.
Verdict for defendant.
c. u. .Sha9sr IS. I. 7. Burns
Action upon a Bond. Offsets pleaded.
Judgment by Court for plaintiff. L.
n. shafier for plaintiff and Faulkner
lol NttGlNftitl.
Ezra He5riny IS. Cal. !. /. Har-
men, ct. o7.-War tresspass. DANA
ges claimed S25, 600. Question argued
so far as the nonresident defendants
are concerned, whether the State Of
West Va. has any jurisdiction to inn
plead them in her Courts. As to Col.
White, of Hampshire, plea in abate-
ment as to the jurisdiction Of the Berk-
eley Court. For plaintiff Blackburn
and Stanton: for defendants Pendle-
ton and Faulkner.
ZMDoaaza es Nc Dona1a.-James l..
Campbell, the purchaser Of the land,
filed bill Of injunction to prevent any
decree being rendered in the case until
all the matters in which he is interested
shall be fully heard by the Court.
The following cases, what we call
war tresspass, were dismissed by the
plaintiffs. The damages claimed rang
ing from $4,000 to $4,000: G.. F.
Laise VS.. Mary Staub, Col. J. q. \. Ma
denbousch, and others. VIM. Miracle
vs.. Mary Staub, and others. William
Parkinson vs.. &. W. Stillweli. Benz.
Busey vs.. Amos Payne. Busey VS..
Timberlake.
I'm Dorsey Is. p Ganaiagham.-
This case involved a question Of pecu-
liar interest to our citizens. The win
dows on the west side of Mr.. Dorsey S
house overlook the garden attached to
Mr.. Cunningham's property. Recent
ly an attempt has been made to erect
a building some four feet from Mr..
Dorsey's windows; an injunction was
obtained forbidaing the erection Of the
building, upon the ground that these
were ancient lights, whose enjoyment
could not be impaired by the co-teme-
nous lot-holder. This gave rise to an
elaborate discussion, which occupied an
entire day of the Court, involving the
whole range of English and American
authorities on the subject of Ancient
Lights, and the policy Of recognizing
that principle in new and growing
country like our own. The papers
were submitted to the Court, and de-
reserved until next term Faulk-
ner for complainant, and Blackburn
and Stanton for defendant.
The case involving construction of
Mrs. Cooper's will was taken under ad
visement until next term of the Court
There was Il large number Of DEGREES
of reference, distribution and sale made
during the term.
This has been the most laborious
term of Court that we have ever had
here, and the members Of the Bar seem
ed well pleased when it was brought to
close
Observation-Disclosures is invited to