The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-11-28
NAN Y DE CISIO NS ARR
LANDED DOWN By THE
STATE SUPREME COURT

as q depository thereof, the money
TO be paid in full for such subscrip-
ton, and that the statements so made.
and upon which the persons so sub
scribing and paying relied, are false
and untrue and are made fraudu-
lently, falsely with the intent to de-
ceiye the plaintiffs, and with knowl-
edge that each and every one OF said
statements was false and untrue and
the money was paid to the bank and
received by 1t for that purpose. and
Il Is alleged that one of the persons
charged in the bill to have been In
terested in the transaction, secures a
Judgment by fraud against the CASH
Ter OF the bank holding such money
and thereby withdraws the money
from the bank, a court OF equity has
jurisdiction to hear and determine
such controversy and to decide wheth-
er or not the contract should be cam
celed and the money returned to the
persons who paid 1t to the bank.
-. When case Is submitted on
the bill and answers, and replica
tons thereto, and dispositions. and the
the court enormously decides that
the plaintiffs have a plain. ADEQUATE
ana complete remedy at law for the
relief prayed for, and that this court
is. therefore, without jurisdiction
and dismisses the cause with costs.
without considering or passing upon
the evidence. this court will reverse
the decree, and remand it to the cir
cult court for further proceedings toll
be had therein.
g. The supreme court will not
consider questions not yet acted upon
by the circuit court in the case"
State against Armentrout.
The Judgment Of the circuit court
OF Randolph county was reversed and
the case Of state against Armentrout
was remanded for new trial; Mason,
Judge. The syllabus is as follows:
Il. Where an action at law is pend
ing for the recovery Of money due on
a note, and the defendant files q bill
IN chancery seeking to defeat the col
lection OF the money sued for, and
asks no affirmative relief, and an in
junction is awarded staying the action
at law, and the bill upon final hear
Ing is dismissed and the Injunction
dissolved. and 1t appears that hear
ing OF the principal issues involved
1s absolutely necessary to dispose OF
the Injunction, expenditures for the
hearing Of the case are proper to be
allowed as damages caused by the In
junction being wrongfully sued out
y. Reasonable counsel fees may
be included in estimating the dam
ages In an action on an Injunction
bond, when the injunction has been
improperly or wrongfully sued out,
and the counsel fees were paid, or
agreed to be paid, for procuring the
dissolution Of the injunction.
The costs decreed to be paid
q defendant in cause dissolving an
Injunction may be recovered in an
action on an Injunction bond"
James against James.
The decree of the Kanawha circuit
court was reversed in the case Of
James and others against James and
others. and the cause was remanded:
Miller, Judge. The syllabus follows:
Il. Where the purchaser OF land at
a sale thereof for delinquent taxes,
dies before the expiration Of the year
when by section 10, chapter 81, code
1913, he would have been entitled to
deed; but after his death deed is
made to him, his heirs and assigns,
and received by his heirs, then and
for iye years from the date Of sale,
by section "a, Of said chapter, entitled
to deed in their own names and
which deed is recorded, the land taxed
to the grantee. and the faYes naid
thereon for many years by said heirs,
living on an ladjoining tract, both
tracts originally a part Of the same
tract, and they in good faith contin-
uing to claim the land and to pay the
taxes thereon. the purchase by one OF
said heirs, during such relationship
to his co-heirs, Of an outstanding title
to said land, will, at the election with
In a reasonable time by the other
heirs to contribute to the cost and ex-
pense Of such purchase, enure to the
benefit Of all the heirs. and be sub
ject to partition as part of the landed
estate Of the deceased tax purchaser.
y. But the co-heirs of the pur-
chaser of such outstanding title must
make their election within a reason
able time, and must pay to the pur-
chaser in cash their Just shares of
the costs and expenses incurred By
him. and It Is error for the court on
decreeing them their right to particle
pate in such purchase to simply as
certain the amount to be paid by them
and charge the same as lien in IA
yor OF the purchaser, on the interests