Sistersville daily oil review. [volume] (Sistersville, W. Va.) 1902-1905, 1902-12-09
SUPREME COURTS DECISION.
A Number Of Decisions Handed Down
By the Tribunal on Saturday.

By the Tribunal on Saturday.
The Supreme court OF Appeals
met Saturday and transacted the
following business:
Eakin VS.. Hawkins, from Tyler
county, opinion by Pottenberger'
T, reversed and remanded. This
Is the second time this case has
been before the supreme court, and
| In 1t 1t Is sought to invalidate deed
on the ground of incapacity OF the
prantor. Held In part: The san
| ity of tt grantor in deed, the val
idity of hich Is questioned, Is pre-
sumed by law and the burden IS
upon rhe attacking parties to over
throw the presumption. Also in
the absence of fraud, imposition or
uadue influence such presumption
viii! not be overcome by evidence
of mere mental weakness or feeble
ness of understanding, If the grant
or has sufficient capacity to under
stand the nature of the act he does.
And, i, i reversible error to pro
coed in suit against an insane
person and enter a decree against
him without the appointment OF a
guardian ad Item for him ard the
filing of an answer by such guar
dian.
Henne VS. South Penn OH com
pany from Harrison county;opinion
by McWhorter, ]; affirmed. This
is a controversy concerning OIL
leases. Held In part: The clause
of forfeiture In an ordinary oil
lease Is for the benefit OF the lessor
and no act of the lessee can termin
ate the lease under the forfeiture
clause without the lessons concur
renee.
Williams VS.. South Penn OH
company from Harrison county;
opinion by McWhorter, J, affirmed
This Is controversy as to the
rights to take oil and gas from lands
under sale of the coal under the
lands. Held In part the word "sur'
face" when specifically used as a
subject of conveyance has a certain
and definite meaning and means
only that portion of the land which
Is or may be used for agricultural
purposes. Dent, P, files dissent
Ing opinion In which he holds In
part; II cannot concur In the de-
cIslon In this case tor the reason
that the effect of 1t is to render the
plaintiffs estate voidable at the In
stance of those who are held to own
all the strata underneath the sur
face with the implied rjgo' to enter
and remove tine same, Including
rock, etc and all other formations
to the center of the earth leaving
nothing whatever to support the
surface.
State of West Virginia VS.. MILFORD
Davis, from Randolph county ;
opinion by Dent P; affirmed. Davis
was convicted of murder in the
first degree TOR killing Page Mart
siller, chief of police of E tkius, on
the nth day of last April, and sen
fenced to be hanged at the state
penitentiary the goth day Of last
June. On the 9th of June writ Of
error and supersedes was granted
by this court. The effect of the de-
cision handed down by Judge Dent
| Is Davis will be resentenced to
hang, unless executive clemency be
shown. Held: A person guilty OF
homicide may reduce his crime
from murder In the first degree to
murder In the second degree by
showing that he was so intoxicated
at the time the offense was com
mitted as to render him incapable
of doing a willful, deliberate and
premeditated act, and that he did
not voluntarily become intoxicated
for the purpose of committing
the offense. All this may
be shown by his own and
the States evidence and the facts
and circumstances surrounding
the case. Also, 1t Is not error to
refuse instructions not justified by
the evidence. Further, where there
| Is no evidence tending to show that
the accused bad reasonable grounds
to believe that the deceased intend.
ed to commit murder or felony or to
i IL --.aak l,dIlu harm