The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-04-07

given m the description rg land that
they may mean either the INCLUSION
OF 4 parcel or the exclus on g =, and
TO that extent the descripti0n = ana-
biguens or uncertain, the JRwsal1er q
| acres which the parties have fixed -
describing the land may be sacked q
In defining the BOUNDARY.
O. Paro1 evidence Of declaration
made or intentions held by the parties
| PRIOR to the execution Of 3 writing or
| Al the time thereof are inadmissible
for Interpretation Of It's meaning.
5fIimor v. Rinehart ct ais Lewis
county Reversed and remanaed
Judge Robinson
H. An unconfrmed Judicial sale
appearing By the tender Ola properly
1 secured upset hid to be at an adequate
price, should ordinarily be set aside
and resale ordered.
An obiection to confirmation Of
a judicial sale and the seeking OF 9
resale by the tender Of an upset bid
and bond in the individual name OF one
who Is an attorney Of record in the
cause will be assumed to be on benalI
OF the party to the cause whom ne
represents.
q The absence of mere formal ex-
cepffons to the report OF q jAd4clai
sale will not alone justify the denial
Of a plainly made and well fortified
motion for resale.
/ ireland Y. Smith ct al. Doddrfdge
county. Affirmed. Judge Williams.
A case involving no new principle
of law and depending on conhActlns
oral testimony, wherefore the 9uaS-
ment is affirmed.
State ex rel. v. James ct al IA
mandamus. writ refused. Judge VIII
Mandanus does not lie at the suit Of
one claiming to be the lawfal holder
Of a corporate Office 70 recover prop
erty appurtenant thereto, and in the
hands of a person not claiming title
to such Office.
state " Pishner. Tucker county.
Reversed and prisoner discharged.
Judge Williams.
prisoner who escapes from Jail
by force and violence, pending the de-
termination of writ OF error to q
Judgment OF conviction for q felony
resulting in q reversal thereof, and q
discharge OF the prisoner, does not
thereby violate Sec. IL, Oh. lat, serial
section $3.50, Code 1913.
The term conviction, as used in that
section, Implies Anal judgment o.
Union Trust & DEPOSIT Company Y
Faulmamus, ct al. BraKton county
Judgment affirmed. President Miller
1. In an action to recover damages
for timber alleged to have been wrong
fully taken from plaintiffs land, ms
title being junior to that under which
defendants claim, he relying mainly
on color of title and adverse posses
sion, an instruction based on tne
theory of title so acquired, after july
18, 1890, the date OF plaintat's deco,
and prior to the date of his suit, and
which told the jury that if they so
found, and further found that defend
ants about 1901, 1892 and 1908, before
the institution of the suit. cut, re-
moved or destroyed the timber on
said land, plaintiff was eatitled to re-
cover the value thereof with interest
from the time the same was cut 70
date, does not constitute reVerslole
error as Implying right Of sueh fecoV,
cry If plaintiffs title had only maturea
nv ADVERSE possession at the date Of
the suit and not at the time when the
timber was so taken, the evidence
Tending to show and from which the
Iurv could have found title matured
ali the time the timber is assumed TO
have been cut and taken from the land.
Q. A case in which on familiar prln-
cinles no error is found in the ruling
of the trial court on Nhs auh1ASS&OLa 50 !.
rejection Of certain testimony onered
8. A tenant is not estepped to deny
his landlords title to land not covered
by his lease, nor to any greater inter-
est therein than is necessary to sup
mort his lease, nor to land Of which
he has not aiken possession under such
lease. -.
4. Certain instructions to the Jury
given and srefused, involving no new
PRINCIPLES, examined and passed upon
for the purposes of the new trial
awarded by the court below:
Gould v. Coal & Coke Railway Com-
many. Upshur county. Judgment re-
yersed and entered here. President
Miller.
ages for killing plaintiffs horse by 2
railway company, the declaration
sfaouId allege clearly and distinctly
the cause of. action; and count there
in reeiting the supposed cause OF ac-
tion under a whereas, q cum quoa, IS
SataiIy defective on demurrer.
Q. A case in which the alleged
negligent killing or causing the death
of plaintiffs horse is not sustained
NV the proof, and defendants demurrer
thereto was enormously oyeFFuied-
~nAAn RRmgRnF