The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1912-03-07


the Southern West virginia Fuel
Company. and if the pury further
believes from the evidence in this
case that the said William E. Fow-
Ter violated the said agreement with
the defendant by causing the said
notes to be discounted and the
amount thereof placed to the credit
of the said Southern West virginia
Coal Company without the endorse
ments of all the persons foresaid
and without all Of said persons hay
ing signed the said contract in ac-
cordance with the said agreement,
then the Jury shah find for the de-
PENDANT"
The supreme court did not con-
slider this a good instruction, as
shown by the following: 9'SPlainly,
this instruction assumes that the
knowledge which Fowler had of the
agreement that the notes were not
to be delivered until the proposed
endorsements and signatures were
obtained was notice to the hank OF
which he was president. Was the
trial court justified in thus assum-
ing rs a matter Of law that notice
to Fowler was notice to the bank?
1t does not appear that the exciu-
sive management Of the hank had
been committed to Fowler"
Where a husband Voluntarily
transfers property to the wife, II
will be presumed the transfer was a
gift. A trust in favor of the hus.
band VIII not be presumed. That
can only be established by clear evil
dence," said the supreme. court, in
an opinion written by Judge Robin
son in reversing the decree of the
circuit court OF Mcdowell county,
and entering a decree for the plain
tiff in the supreme court. IN, the
case of Barbara Ether vs.. B. B.
Burns etal.
In 1900 John Efier conveyed sew
eral tracts of land to B. B. Burns,
Barbara Effier, the grantor's wife.
Joined in the conveyance. Burns
was to hold title and convey to
other parties as Efler should direct.
AT the direction of Ether, Burns ex.
ecuated a title bond to Barbara Ell
Ter, the wife. The bond recites a
of $500 cash and
$500 represented by note. The
note, payable to Burns, was after
wards endorsed by him as paid, and
returned to Barbara. Ether. Not
withstandlng the title bond for the
sale of the land made to Barbara
Efier. Burns subsequently con.
tracted to sell the same land to an
other, claiming EfHer directed him
to do SO. This later contract was
assigned so that it came to the tug
River Coal and Land Company. ~
About this time Ether died, leav-
ing widow and heirs. ''The coal
AMI land company says the SUE
preme court opinion. evidently had
notice Of the equitable right of Bar
bara Efier, though the title bond in
her favor was not recorded; for she
Joined in a, conveyance of the land
made by Burns and wife to that
company. Burns received the
money, paid it into bank, and
claims no right to it. The question
that arose, however, was whether
the money belonged TO Barbara Ell
Ter; or to the estate of John Efier
The court below decided 1t belonged
to the estate. From this decision
Barbara Efder appealed, and is
awarded the money by the higher
court. No attack was made in be-
half of creditors on the transfer OF
the land to the wife. The court
held that Barbara Efier, who was the
beneficial owner Of the land at the
time she Joined IN the conveyance
to the coal and land company was
absolutely clear. $500
I'll d &