The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-04-30


ject to provisions for GIFTS over tne
other persons. in case they should
die. leaving no issue, may pay over
such portions. on tne happenings OF
such contingencies without requiring
the legatees TO give security sa1ely
10 keep the property and have y
forthcoming in the event OF tsAss de-
feat Of their estates IL manner pre-
scribe1 by the will.
2. The non-residence of such
Iegatee. in the absence of other facts
indicative OF danger of loss OF the
property, as the result OF such pay
ment, constitutes no ground for tae
Requirement OF such security.
3. The insertion in a decree con
structing such viii at the, nsta nce
of the executor, Of a reservation 70
interested parties OF right to require
such security, in the event OF future
cause therefor: is not erroneous
Anderson vs.. Anderson, Harrison
county, affirmed. Judge PonenDar-
/. A deree in a suit by wife
against her husband for divorce
and the custody OF their woung re-
male children, pronounced BY
court of general Jurisdiction OF
dictson of the parties and both causes
OF action by process and pleading,
awarding to the plaintiff the CUSTODY
of the crildren and granting, her
divorce, is valid and binding upon
the parties In this state, in IS award
of custody of the children, even
though so much OF it as grants the
divorce may he void and the ch!!dEen
may have been beyond the purisoic-
ton of the court at the time OF tue
rendition thereof.
.. Though the father of a legtu-
mate child is legally entitled to have
the custody and care of 1t, under OF
binary circumstances, court OF
equity. in the exercise of its general
jurisdiction and power to protecs
those who are unable to care To-
themselves, may deprive him tnereoi
and place it IN the care of the moCn-
or. wI1en it's welfare demands such
action on account of the fathers IN
fitness for the discharge OF his par
entail duty.
Rosencrance VS.. Kelley ct al, Ran
dolph county, judgment reversed and
case remanied. Judge Lynch.
L. Where a declartlon in assum P,
sit contains the common counts, anu
a special count on a written contract
rental of machinery and unltqutdated
damages there to occastoned by neg
Iigence imputed to defendants, the
latter may, upon affidavit when nee
essary. plead to the action at any
time before final judgment upon q
duly executed writ Of enquiry.
2. Until the execution of such
writ where requisite, an office 1uos
ment does not become final, prectuo-
ing the right to plead 70 me SS''0
Kelly VS.. Wellsburg Etc Company
ct al AMI Adamson and Murdoch vs..
Welisburg Etc. Company ct al
Brooke county, reversed and re-
mand. Judge Poffenbarger.
/. A single appeal may be taken t.a
from DEGREES in two separate SUITS I,
substantially, thougr informally : !,
prepared, submitted and heard as
one. by agreement of the parties and
consent OF the court expressed OF
3 All OF the series OF valid mort
cage bonds, though issued at diner
emf times. are conclusive1y presumed
to nave been issued at the date u
the recordation of the mortgage.
a General creditors of a cor
noration issuing such bonds are con-
icIusiyely presumed to have EXTENDED
their credit on the. faith of the cor
norate property subject to the mort
gage. in so far as the bonds are IS
sued for money for the corporate
purposes. ., -
nreFerence in the adjustment OF the
lines on the corporate property, over
Judgment. Mechanics and other liens
acquired before they were issued.
but after the recordation OF the
mortgage.
issuing bonds, in the acquisition OF
disposition OF shares OF IS STOCK Dy
purchasers OF the bonds IN the
course of their dealings or transac-
ttons in the stock, does not oeprise
them of qthe security affored by the
bonds.
"a +ion OF large accounts of sucn
bonds. together with its unissued
stock and the stock OF the holding
company. secured by collatera
trust mortgage upon the stock anu
bonds of the constituent companies
through such holding co mpany, TO
secure a comparatively small loan, IS
alii and accounts to an issuance O
the bonds, making them lien upon
the property to the extent OF the
money advanced thereon for corp
crate purposes, Notwithstanding Jack
of adequate considera ton for the as
Isienment Of the stock and bonds OF
the constituent omcpantes u TAG
holding company and for the dellv-
cry of stock and bonds of the hold
ing company to organizers ana pro-
Imoters and Notwithstanding knoWl-
edge on the part of the PLEDGE OF
l+be ,yisfence NJ unsecured indebted