The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-07-11

the purchaser did not actively partic-
ipate in the management 6f the bank.
no want of diligence on the part of
the purchaser in discovering the
fraud or in taking steps to rescind'
appears, and NO considerable amount
Of Indebtedness, remaining unpaid,
accrued against the bank subsequent
to the sale.
Campbell vs.. switzer. Cabell coun-
ty. judgment affirmed. Judge Poi
Ifenbarger.
4. Curtesy is a legal right Incl
dent to the relation of marriage and
ceases with destruction of such rela-
ton by a divorce vinculo.
Q. Though sucn a decree in favor
lof q woman. by a court of general
jurisdiction, may oe sub;ec. to re-
yersal on bill Of review or re hear
ing, she may, before any such pro-
ceeding to review 1t has been tn-
Istituted, convey her separate real es-
tate and make good title thereto.
provided the purchaser hasSno knowl-
edge Of any fraud In the procure
ment of the decree or lack of juris-
diction in the court.
8. Such a decree made in another
state has, by virtue of. the full faith
and credit clause Of the federal con-
stttufon, the same effect in this state
as 1t has In the state In which it was
procured.
4. After an absolute divorce, the
husbands right of curtesy terminates
and ceases. even though ne had legal
justification for absenting himself
from his wife. before the divorce was
procured.
Twentieth sthreet Bank VS.. Ja-
cobs, Cabell county. judgment for
plaintiff reversed; judgment rendered
for defendant. Judge Poffsnbarger.
1. Chapter 81, Acts OF 1907. CHI.
98a, Of the Code, known as the Ne
gotiable Instrument Law, does not
by Implication or otherwise, repeal,
limit or qualify, in any degree or re-.
spect, sec. Of CHI. 81 Of the Code,
declaring void what are commonly
known as gambling contracts.
2. Negotiable paper the consider
alton whereof is money lost or bet
in gaming is void in tbs hands Of the
holder, even though he took it for
value and without notice Of the char
acter of the consideration.
8. In determining the meaning OF
a statute, 1t will be presumed, in the
absence Of words therein, specifically.
indicating the contrary. that the leg
islature did not intend 70 irnoyate
upon, unsettle, alter. violate. repeal
or limit another general statute sys-
TEN, the entire subject matter of
which is not directly nor necessarily
involved in the act.
a. The legislature is presumed to
know the rules and principles of con-
struction adopted by tho courts.
5 While merely illegal consid-
Grafton in a negotiable instrument
does not invalidate 1t in the hands of
holder in due course, a paper me-
gotiable in form. but declared void
by statute, is not enforcible at the
instance of anybody.
Abbott vs.. Williams ct ais. Brooke|
county, reversed and cause remand-l
ed. President Miller.
/. If the husband of cotenantl
purchase at a tax sale the common
land, OF the interest Of a purchaserl
thereof before deed obtained, and
therefore obtains a tax deed. such
purchase, at the election Of such col
tenants, or any of them, will bel
treated as redemption of the land,
and enure to their benefit, and the
rule is. the same whether the wife's
estate in the land be a common law
estate or her separate estate.
9. But to avail themselves of that
right, before or after deed, each col
tenant must within reasonable
time after notice of such purchase,
make his election to claim the bene-
fit thereof. and come in and repay or
contribute to the purchaser his
proper proportion Of all taxes. in-
terest, costs and damages paid in
the suit of one cotenant who has Sol
elected, to decree in favor of others
who have not interviewed for the pur-
pose, or have not SO elected. Such
right is personal to each, and until
he has SO elected, the tax purchaser
is entitled to the benefit of his pur-