The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-20

II ID
ting from defects then existing in
the premises demised.
8. Unless brought to its atten-
ton by special bills or exception, or
upon motion for new trial, spe-
officially stating as grounds therefore
the admission or rejection of evil
dence, this court will not consider
the rulings OF the trial court there
on.
10. The trial. court properly ruled
on the instructions requested by the
parties hereto.
IL. To sustain finding in his
favor, 1t is not essential there should
be distinct preponderance of evil
dence on behalf Of the plaintiff. To
have this effect it is only necessary
that the evidence, when considered
in its entirety, reasonably justifies
such verdict.
10. This court will not grant a
new trial where the evidence is vol
luminous and conflicting, unless pal
pably insufficient to sustain the YER
dict, or the amount clearly evinces
partially, prejudging or passion on
the part of the jury or that they
were misled by some mistaken view
of the merits of the case.
Caretta Railway Co. VS.. Fisher ct
al, Mcdowell count, modified and at
firmed
/. A tract OF land owned by CO.
tenants can not lawfully be assessed
to them separately by undivided in
terests, or separately by aliquot
parts representing their undivided
interests, and tax sale depending
on such assessment Of any undivided
interest is void.
2. Though such unlawful assess
ment is made, still IL all OF the land
is actually entered in that manner
and the owners waive the irregu-
larity and pay all the taxes on the
land by such assessment, forfeiture
for non-entry does not follow.
3. II 1t is undertaken to assess
land separately by undivided inter
ests therein, or separately by aliquot
parts representing the undivided in
terests, and any undivided interest
is omitted for a period Of Ave con
secutive years. the title Of the entire
tract will become forfeited and vest
in the state, Notwithstanding entry
and payment may have been made as
to other undivided interests.
4. A tax deed purporting on Its
face to convey an undivided inter
est In land other than a town lot,
is unauthorized by law, imperative,
and not conclusive as to any one. 1t
does not estop the state under code
Il 1913 chaDter Al Garti0n On
Augtr vs. Warder ct al, Taylor
county, reversed and remanded.
Williams. Judge.
/. In suit by materlal-man to
enforce his mechanics lien, brought
within six months after he has filed
his account in the clerks office, the
bill may be amended after the ex-
piration OF said six months for the
purpose of making the contractor
party. Such amendment does not
prejudice the owner of the property.
2. A bill in equity, proper in
/ other respects, signed by the plaintiff
In person, although not signed by
council, Is good on demurrer.
8. Signing an affidavit appended
to bill, verifying its allegations
is sufficient signing of the bill
4. 1t is not necessary to issue
1 formal summons against defendant
who is shown by affidavit filed with
the clerk to be nonresident.
Perry. Admir-, VS.. New River and
Pocahontas Consolidated Coal Co,
Mcdowell county, affirmed. Robin
son, Judge.
/. A declaration in an action by
an administrator for the wrongful
death of his decedent, which fails to
aver the due appointment and quail
iacation of the plaintiff as adminfs-
traitor, is insufficient on demurrer.
2. The overruling of demurrer
to an insufficient declaration is err
4 ror prejudicial to the defendant
which warrants the sustaining of
motion to set aside verdict returned
/ for the plaintiff.
4 First National Bank of Broadway,
! Virginia VS.. Cootes ct al. Hardy
county. Reversed and remanded.
Williams. judge
1. This court will not dismiss an
appeal. as presenting only moot
! question, because defendant was
discharged in bankruptcy pending the
appeal.
/ 2. To avail as defense to a
pending suit in state court, sub
| sequent discharge in bankruptcy