The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-11-21

ueAuAA6 A1u4 W eASCute 10 Iue pur.
chaser Q deed With covenants Of gem
|eral warranty and against enclm-
.brances. upon the payment Of GER
tain portion Of the purchase money,
entities the purchaser to q deed In
which the vendors wife Joins, there
|iby releasing her inchoate dover.
"2. In such case, IL the vendors
wife refuse to release her dover, the
purchaser may elect to rescind the
contract; or he may enforce per-
Torrance Of 1t, taking such title as
the vendor can make, with covenants
against encumbrances. 4
%. Query: Whether the purchaser
Is entitled to retain a part OF the pur-
chase money as indemnity against the
wife's contingent dover?
y. Where a husband, by deed OF
his wife. creates lien in the nature
of an equitable mortgage upon his land
to secure money advanced by her to
him, and she thereafter Joins him IN
the execution Of a trust deed to se-
cure a loan Of money to him, she is
estopped to- assert her own prior lien
against such creditor. 4
IS. If such trust lien is more than
the land is worth, and the husband
thereafter sells the land at fair and
reasonable price. but for less than the
amount of the lien, the purchaser has
q right to have the purchase money
applied to the discharge OF the lien,
pro tanto, and to be subrogated to the
rights OF the creditor as against the
wife's prior lien and contingent dover.
IS: In q suit for specific perform
ance, the purchaser OF land, subject
to liens and adverse claims derived
from the purchaser, uncertain IN
amounts and indie finite. In character.
may make the lienors ana claimants
parties for the purpose OF having their
claims ascertained and, II possible,
dischargeds out of the purchase
money" q
L Ice against County Court
In the case OF Ice against the county
court Of Doddridge county the judg-
ment OF the lower; courl was atfirmed:
Mason. judge. 4. z !. S9
4. In actions founded ON neklt-
gence the plaintiff cannot recover iin-
less he shows afarmatively by the evi-
dence in the cases that the defendant
was negligent as charged, and that the
negligence complained OF was the
proximate cause of the n-iury.
u. In actions for negligence, the
courts have abb ogatsI tine doctrine
that a mere scintilla Of evidence from
which there might be s,irmise Of
negligence is sufficient to carry a case
to the jury, and have adopted the more
reasonable rule that there is a prelin-
mary question which the Judge must
decide, IL asked, whether, granting "a
the testimony all the probative force
to whichii is entitled, q jury can prop
erly and justifably infer negligence
from the facts proved; for, while neg
ligence is usually an inference from
facts, 1t must be proved, and compet-
ent and sufficient evidence is as. much
required to prove it as to prove any
other fact p
8. IL the evidence is not sufficient
to support a verdict for the plaintiff.
or Is such that the court would have
to set aside the verdict II one were
found for the plaintiff the court should
on motion of the defendant, direct a
verdict for the defendant z
Ball against freeman.
In the case OF Bail against Free
man from Doddridge county. the judg-
ment of the lower court was reversed,
Judgment being entered here; Mason,
Judge: q,
Where, in a deed conveying oil
and gas, upon a stated consideration,
It Is further provide that the grantee
lis to pay the grantors an additional
consid eration within ninety days at-
ter a well for oil and gas Is drilled on
the land and oil oduced in pipe line
In paying quaint tiles there Is no OBJ
legation for the additional consider
alton because Of the production OF gas
alone" 5is \ < 3 3
Flanagan against Lumber Company.
/ The Judgment OF the Monongalia
circuit court was reversed and "a new
trial was awarded in the case of viii
liam Flannigan against the Monon-
gala Tie and Lumber Company; Lynch
Judge: =, H.
81. The afidayit for the attachment
awarded in this case is sufficient to
sustain the writ.
e. The motion for additional SEE
curity3 on the attachment bond Is not
sufficiently sustained by. aftidavits fled
for that purpose.
and use OF teams and vehicles, fur
nished at the request and for the use
and benefit OF defendant, are Sprovabls
under the common counts for goods
and caattels furnished and work and