West Virginia freeman. (Parkersburg, W. Va.) 1881-1886, 1881-06-22
judicial,


ted case OF J. vi. Mason VS. ne liar
p4r's Ferry Bridge Co., for dam
ages to the plaintiffs ferry rights,
a verlie5 was rendered recently, in
favor Of the plaintiff for $4,000
damages.
Speaking of the case and trial,
the last number Of the Spirit Of JET
fcrson says
"Tho case was given to the jury
on Tuesday afternoon last, and on
Wednesday IL verdict was rendered
awarding Mr.. Mason damages to
the amount Of $4,000 The coun-
sci of the Bridge Co. thereupon
moved for IL new trial. This was
one of the most ably-argued civil
causes ever tried in our Court, and
it being the first appearance Of
Holmes Conrad, Esq, of Winches-
ter, in a case in our courts of such
magnitude, his closing argument
for the plaintiff attracted large
number Of auditors, and he has
made with our people q reputation
for legal lore and forensic ability Of
a high class. VIM, L. Wilson, Esq,
for the plaintiff, and Hon. w. H.
Travers, for the defense, each made
able and eloquent arguments.
A. W. Mcdonald, Esq, for the
plaintiff, and Hon C. J. Faulkner,
for the defense, did not participate
in the arguments. The motion for
a new trial was ably argued by
Hon. w, H. Travers, R. 7. Barton
and A. w. Mcdonald, Esq, on
Thursday and Friday, and taken
under adyisement by the Court.
NOTARIEs PUBLIC.
Opinion delivered by Mr.. John
A. Hutchinson, sitting as Special
Judge in the case, at the recent
Term of the Wood County Cir
cult Court.
Josiah Henderson J Trespass
VS.. on the
William H. Smith, j. case.
In the Circuit Court of Wood Co.
(NoTE.-This was asuit brought to
recover Of the defendant the amount
of loan of $1,000, sought to be Sc
cured by deed Of trust, but which
lien failed, and which debt was lost
through an imperfect acknowledge
ment, on the part Of the married
woman executing the trust deed,
alleged by the plaintiff to be the
result Of the gross negligence of the
defendant, in improperly certifying
the acknowledgment, as notary
public.-ED.)
Statement of the Case.
On the 9th day of A pril, 1870, at
the request of Mr., *. B. Stephenson,
trustee named in deed Of trust
which A. Doer was about to exc
cute for the purpose Of securing a
loan of 81 600, about to be made by
the plaintiff to said a. Doer, the
defendant, Notary Public, at
tempted to take and certify the
privy examination and acknowl-
edgment of the wife of said A. Doer.
1t is alleged by the plaintiff in
his declaration, and conceded by
the defendants counsel, that the
certificate Of acknowledgment, on
the part of the wife, Of said deed of
trust is defective and invalid.
The plaintiff has given in evil
.dence the original deed Of trust with
the certificate of acknowledgment
annexed.
The certificate is good as to the
husband; and the registry Of the
deed is admitted in evidence as to
him.
There is no other evidence OF
what occurred at the privy exami-
nation of the wife, than that com
prised in the certificate made there
of by the defendant, as the result of
such privy examination, and his
own testimony on this trial.
The defendant testified in sub
stance, that, privily and apart from
her husband and after he had ex-
planned the instrument to her, he
propounded the usual and proper
aa4:o,or n +l,o 1,,if, and +bo+ h.