Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1909-11-05
OPINIONS BY sS .'...
SUPREME COURT

Charlie ton. w Va, Nov. 5.--.laie-.
ven opinions were handed down
by the supreme court OF appeals yes
terday, two of which are OF much
local interest. The case OF Joha B..
Floyd against the heirs OF Patrick
r. Ducy at one time state auditor
was decided favorably TO the plain
tin who is given the right to re-
ceive one-half OF the proceeds OF the
sale OF certain lots i'm the McClung
addition in the Ninth ward. Floyd
claimed that he and Ducy were part
ners in the purchase and sale OF
the property: the defendants claim
Ing he WAS merely selling agent.
In the case of John Crawford
who is serving a life sentence in the
state prison for shooting. the court
affirmed the finding of the lower
court
In the case OF Plant vs.. Humph-
,ies. from Harrison county. the SUI
perior court affirmed the decision
OF the lower court The land of
William G.. Plant was sold by his
guardian Dexter c. Fittro. to Bee
son III. Beaver and others with
Plants consent Plant found out
however in 1902 that John w. Bea-
son, his guardian ad Item, was in
terested IN the sale and brought suit
TO annul the sale which was made
At the rate OF $19. an acre. The
decree of the lower court was up
held, however, as no fraud was
shown.
In the case of Kaufman VS.. Mar
tin in which Sarah a. Kaufman
sped II. +. Martin at Blueheld. for.
the possession of a drug store but.
the decision of the circuit court was
affirmed .l.4
Judge Robinson says in his opin-
ion: "A tenants holding over and
paying monthly rent beyond the
term OF lea 'e for a year relating
TO urban prmses. inn which lease
rent is received by the month and
Is payable at monthly periods, does
not alone imply to renewal by the
year. a renewal of the tenancy by
lHe month is thereby implied"
ln the case Of the State VS. Gar
nett the court held that the land
conveyed to Robert Crozier. n VI.
Fay and NJ II. Miller trustees for
the GauieS Land Company could
mot be forfeited. Masco Garnet
owned 1000 acres OF land on Cher
Try river which was sold for taxes
in 1876. Later IL was purchased
by others and finally by John G.
Malcolm in 1890 and transferred to
the Gauley Land Company. The
suit of the state in regard to part
Fof The tract by the opinion handed
down is ordered dismissed and the
title of' the holding company up
bheld.
The VI. +. church. South, prop
eT y on Brush creek, near Pri ce-
tPp, Mercer county, was condemn
ed by the Deepwater railway and
the money paid by order OF the
3oLrt 10 Honaker. The railroad
appealed and the decision of the
lower court reversed
The case of Llskey ct ais W.. Sny-
der ct ais. from Randolph county.
was reserved in part and affirmed
In part and remanded to the lower
court so that both parties can have
the accounting OF the mortgage in
vol8ed In the suit re-stated
The court mobiles and amrms
the decision OF the circuit court OF
Mason county, in the case OF New
ton vs. cmper 10 which the court
bad di solved the defendant from
drilling an oil well on land leased
from the plaintin
John Crawford who shot and
killed A Murphy IN this county in
September 1907, and was sentenced
TO life imprisonment after the de-
cislon Of the intermediate court had
been affirmed by the circuit, court.
will mot get q new trial with
Judge Miller di senUng the court
refused TO reverse the decision Of
the lower court
Crawford and Murphy were min
ers and the latter boarded in the
same shanty with Crawford. Craw
ford and others were cnaped Ono
card gam" in the ehanty whom MUIR
phy came i1 3.J threatened to XIII
Crawford pulling q gun Crawford
l1owover puEed little quicker
ard shot Murphy FIRST.
"OCR NEW MINISTER"