Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1896-01-07

CT al.
The Statute of the State declares SIX
per cent to be the ,egal rate Of interest,
but the Statute contemplates that
search for usury shall not stop at the
mere form of the bargains and contracts
relative to such loan, but that all shifts
and devices intended to cover a usuri-
GUS loan or forbearance shall be pushed
aside and the transaction be dealt with
as usury if it be such N fact.-Jos. n.
B. Grim. Y. Isaac n. Post.
An order that a receiver pay a fixed
sum to a certain person IS personal
Judgment or decree against the receiver.
B. w. Crawford, General Receiver Y.
Fred Hickey ct al.
If one Of two or more defendants to
an acton at law upon a joint contract,
de before verdict, the suit abates as to
the dead one. and cannot be revived
and proceed against his representa-
tives and the surv.yors-Geo. & J. c.
Henn.ng v D. D. T. Farnsworth, exec
utor.
Where an insolvent debtor conveys
property encountered previously, to its
full value, in satisfaction of such prior
liens. it s not a conveyance to the
exclusion or prejudice of other credi-
tors. but only amounts TO a surrender
Of the equity of redemption.-John c.
Johnson V. Riley, ct al.
An absolute present sale of chattles
is valid between the parties, without de
livery or payment Of the price. but as
10 subsequent purchasers without notice
the sale is prima facie void and the pur-
chasers must show clearly the sale TO
be a bona fde one. An attachment
from a Circuit or Justices Court Gre
ates a lien on lev.able chattles only
from the levy The officers making
The attachment must have the chattles
in his power and view to make a valid
levy and MISUNDERSTANDING Bros. V.
]. W. Flanagan, ct al
As between principal and agent. a
travelling salesman. if a current account
be rendered and the agent receiving
il retains it beyond such tine as is rea-
sOn8ble under the Usages of business,
10 examine and return the same and
makes no objection to The same when
so returning the same. he Is considered
to acQutesce m its correctness and IS
bound Jhtgaby.-C NJ. Shrewsbury V.
Jas. w. Tufts
wv, -.-o ,ovv-e,-oDoe - -,,odo from,
husband to wife and II IS attached by
his creditors as fraudulent, the burden
IS on her to show that she paid a fair
consideration out Of her separate es-
tate. and having shown this, the bur
den then rests on che creditors to Show
by proof but il requires less evidence TO
show it than # the transaction We're be
tween strangers.-W Wood, Brown & Co.
V. Emma L. Harrison.
Where a judgment is rendered
againa. two partners on a partnership
debt and one of the partners has been
served hprocess and net appearing to
answer the action. such judgment is
valid as to the partner served with
process and an execution issued there
on should not be Quashed on his motion
on the same ground that the process
was not served on his co-partner-J. w.
Lee & Co. V. Hassett and Littlepage.
The property known as the Berkeley
Springs is the property of the State Of
West Virginia the legal title being in
the corporation known as The Trus-
tees Of the Berkeley Springs" in trust
for the public. Rufus Smith V. Dan
Eel Cornelius.
A physician in this State under sec
ton Z. chapter 80 of the Code. who
gives q person a prescription so that he
may obtain liquor from a druggist.
either stating that Il is, or that he be
Eeves It is absolutely necessary as a
medicine and not as q beverage. when
he either knows or believes. or has rea-
son 10 believe. it IS not so necessary, or
when he does not know ii 10 be 50 nee
esary. he violates the statute and is
guilty Of the Cffense IL creates.
A party disc0untlng a draft and re-
ceiv!ng therew5th deliverable to his
order a bill of lading of the goods
against which the draft was drawn. ac-
qu.res a special property in them and
has a complete right 10 hold them as
security for the acceptance and pay
ment of the draft A chattle pawned
or morEaged IS not attachsble in an
action against the pswnee or mortga-