The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-04-08
THECoURTs.

Cases Auluolenteu In the ~
preme Court OF Appeals sittini
nt wheeling ON Safurlay, April
JohnJ. shont, Appellant
E. B. knight and W. ). IaIdley, Trustees. Ay
From the Circuit Court sdi q Kanlvha county.
SYLLABUS.
l. An injunction ought not 10 DO award
ed which Il verified only by the AFFIDAVIT
Of an agent Of the plaintiff athat th,
facts and allegations contained In the bill
90 far "a stated therein, on his own knowl
edge, are trne, and 50 far rs stated on in
formation he believes them 70 be true,
there being In the bill no facts alleged o
which this agent had any personal knowl
edge, so far rs appears on the face OF th,
bill, and no exhibits sustaining the ma
terial allegations OF the bill.
2. An injunction TO prevent the sale By
q trustee OF attract OF land conveyed by
= deed Of trust ought not to be awarded
when the titleto the land offered for sale
Is undisputed, and also the debt for th,
payment OF which Il Ia about to be sold
merely because the debtor claims that he
Is entitled TO q conveyance from the cred
litor Of "a parcel Of land adjoining. To
entitle him to an injunction in such case
he must further allege that the land of
fered for sale will not bring fair price
unless sold in connection with the parcel
OF land adjoining, claimed by him, and
also that be Is unable to pay the debt,
and thus prevent the sale.
s. Asa general rule il the answer to 8
bilt Of injunction fully, fairly, plainly,
distinctly and positively denies the ma
terial allegations in the bill and no proof
| ia taken to sustain the bill, the court
ought on the coming in of the answer TO
dissolve the injunction. There are some
exceptions to cthis general rule; but 1t
ought to be followed when great injury
would result to the defendant II the 10.
| junction was continued till the hearing
and no serious loss would be sustained
by the plaintiff II Il wers dissolved, even
/ II the cause should be decided in his favor
on the hearing.
4. Az q general rule an injunction ought
not to be dissolved till all the defendants
implicated In the charges made by the
bill have answered, but there are we'll IS.
tablished exceptions TO this rule, tirst,the
plaintiff must have been diligent In
taking the necessary steps to procure the
answer Of all the defendants; second, an
swers are required only Of those detend-
ants upon whom rests the grayamen oi
the charges in the bill, and lastly, no an.
swer need be filled II the injunction on
the face Of the bill ought not To have been
awarded.
s. II bill on the face shows that the
plaintiff would be entitled to relief II he
had set out his title to the subject OF con-
troyersy, which be has apparently failed to
do accfdently he ought to be permitted
to amend his bill before it Ia dismissed
on demurrer.
J. M. Stephenson, Appellee, vs.. Josephus Rice 9;
Al. FrJm the Circuit courtof PEASANTS eoupty
sYLLABus.
8. sold r, certain land, and was to con.
yey it to R by deed, with general wsrran-
" when the first payment was made
which payment was 10 be made June 1si
1869. At the time OF making the contract
z made note to one A. ]. 8. for the
amount OF the frat aymeut, ,nesotial ] sand
payable at the Parkersburg national
bank June 1st 1850, A. ]. S. endorsed said
note, and delivered Il to s, who had Il
discounted; but when the note matursd
A. j. 8. represented TO 8. that Z. had gone
| to Cincinnati with lumber for money to
| pay the note and could not get back in
time To meet the payment, and thst he
wanted to renew the note. Thereupon
A. ]. 8. made . new note with s. as en-.
dorser and by 1t lifted the fret note, but
neither r. nor A, ]. s. ever paid It, and
s. was compelleito pay it. Held,
/. That the frst note was not received
by 8. as 4 payment on the contract.
2. That the renewal by A. J.. s. did not
discharge R. from liability for the frat
payment.
5. That s., not having parted with the
title to the land, may subject 1t in equity
| to the payment OF the purchase money
o. A. Patton, Trustee, DE-. ct Appellee,; Y.
the circ4 1t Court OF kanasha Couaty.
/ 5kLLAhSbs
l. A married woman il regarded by q
Court OF Equity as the owner of her sepa
rate estate, and "a 8 general rule, the ja
dispoacndi is IN incident TO such estate
that Ia, II Il an incident thereto, unless
and except so far as II Is denied or re
strained by the instrument creating the
estate.
2. But it Is subject to such Limitations
and restrictions a. may be contained ia
such instrument; which may give It sud
ulodo only, or withhold il altogether.
8. In regard to separate personal es'
tate, and the rents and profits Of separate
real estate, this power OF disposition, Il
| Il be unrestrained may be exercised il
the same way. by deed, will or otherwise
as II the woman were 0 fsae sole. But In
regard to the corpus Of real estate, Il car
be disposed OF only in such mode, II any
a. may be prescribed by tae instrument
creating the estate, or unless prohibited
by such Instrument, In the mode pre-
scribed by law.
4. As Incident to the jus dispoaendi, .
feme eorert may charge her separate estate
with the payment OF her debts. She may
charge it as principal or surety for hel
own benefit or that OF another. She may
appropriate 1t to the payment OF her hus
bands debts. She may even give It Il
him ifshe pleases, no improper influences
beinglnsed or exerted over her.
rhouas Feam.ter ct al.. Plaintiff below AM
Appellants,
James wItherow, Trusise, and other, Dstendant
and Appellees. frJm the clreuit GJart Q
Greenbtier county.
SYLLABUS
lat. Where T. L. F. made his negotia-
BILE note with security or endorsers 70 Z
bank, the note became due and payable
and was not paid at maturity, aud sui
was brought and Judgment recovered b.
the bank and 8. W., n. F., one Of the
/, securities after the recovery Of said iudg
ment, made and delivered his negotiable
note 10 said bank with security or endor
sers for the balance due on SAID judgment
including costs, payable 116 days aftel
date; said last named note will not b
| considered asa satisfaction and exiting.
uishment OF said judgment debt unless 4
Il clearly proven that said last naulet
nots was by agreement Of the banE
accepted and received by il in absolute
satisfaction and extinguishment OF sait
fndomanf and thA anna nf nroytng tha