West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1902-01-30
GEN FROM STATES
HIGHEST COURT
Judge Dent, of West Virginia, Delivers
Decision Devoid or rcchnicalitics.

Judge Momaduke IL Den, has sent on
from that august aud sedatc body, the Yves
Virginia supreme Court of Appeals a
Charleston, gem in the way Of decision
wherein he departs from the tradiuonall
technical and gives an exposition of law s,
'efreshiugly simple and amusing that h,
who runs may read and laugh The deeis
ION has caused a mild sensation amorg tn,
lawyers, and has brought the Judge SO prom
ineoily before the people as jurist that
although he is the only Democrat ON tn,
Supreme bench, he has been elected presi
dent by his Republican colleagues.
The case in point originated in Randolph
county Ell Moore made an assignment for
his creditors, but hoped to reserve something
from the wreck. Accordingly he pot his
fatherm.low, the Rev Anthony Mostoe.
to iuves, this secret reservation IN lands Tor
his daughter Clara; wife of the assignee
But the reverend sire neatly bought the land
at low figure aud kept il. Ills daughter
brought suit in the Circuit Court and lost.
She appealed to the Supreme Court and
won, the lower Court being reversed. Here
are some bits from Judge Dent judicial
philosophy
"This is suit from the peaceful shades
of Randolph county instituted by Clara,
intermouicd with Eli Moore, of Montrose,
against her pa, the Rev. Anthony Mustoe,
OF Brieif, near the happy land Of Canaan,
the neighboriug county of Tucker.
"ElI entered the contest badly ds6pured.
The backbone of his evidence had been
broken by the obstruction put in lis way in
the execution of the deed of trust and note
under seal; solemn acts which cannot be
easily explained away and by which he is
cstoppcd from telling the truth and not a
great hardship ON Eli. In addition, a num-
ber Of ms ncighbors, notably among them
two of his brother-in.law. pas sons, who
arc In position To know, say his reputation
for truth and veraciy is not the best. and
they do not hesitate to declare that they
would not belive him under oath.
"Ihc evidence tends to show that while
Ia Mustos does little preaching, trying to
gather the lost sheep into the fold and has
one eye on the pearlY gates. where the
wicked cease from troubling and the wea,y
afc at rest, lac keeps the other to windward
in an cndcavor to make friends with the
mammon of unrighlcousncss. While trying
to serve two masters hc gives his present
allegiance 10 the one he can see, taste. hear.
feel and smell, and puts the other off with
little preaching and the promise Of a more
convenient season.
'lie makes a big effort to outswear sever.
al other witnesses. Ills attainmcnis I'm ihi.
direction will hardly win him crown when
he presents his credentials al the golden
gate Of the New jerusalem Tho Gpod
Book saith there is place without for who
socycr loycth aud Makcth lie, aud the,
shall iu nowisc enter therein.
Therefore, the money that Eli succeeded
in bluiiing his creditors ont Of must remain
the money Of his trusted faiher.iu-law. lie
justly Furnishes Iii by keeping IT, The fow.
lcr is caught in his own snare.
''Wilh Clara II Is somewhat different.
-'' '''''' s"'iN' i'i fut ibuIhny she keeps,
yet the sins Of both father aud and husband
should not be imputed TO her Woman has
always been fayodte with equity and q,
always throws is willing arms around her
to protect her from thc importantly and
durcss OF her impecunious husbands.
'li pa IS 60 continue preaching and il is
10 be hoped, for from the conddct Of this
suit and the testimony of the witnesses Eli
is not The only ono in need thereof be
should cultivate greater regard for the
truth and try TO overcome his lust for the
flesh pots Of Egypt
"As to ihis onc-half acre lot pa must be
held 20 be the holder Of The legal title in
trust for Clara The decree complained ~
must therefore be reversed, and this cause
IS remandcd 10 the Circuit Court with dir
eclious lo secure Clara the wife 81 I'll. the
legal title to the one half acre tract, retain.
ing thereon lien for any unpaid purchase
money. If her pa exacis i,, subject 10 the
credit OF sg7.fo, with interest o. the costs of
this suit, and any other just demand she may
show herself entitled TO, except the blua'
money, which II not really belonging 10 pa.
coming ftom corupt source, would pollutc
her otherwise chastc home"