The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-11-21
One Of Which Peri aims 10
Case aiken Up froir:tIle
County of Harrison. ).

esAAAx go Ss4SAkA04A
/ for December 5 under the charter.
The syllabi OF the opinions handed
down by the court were as follows:
Pardeei and Curtin against OdeIl.
/ In the case OF Pardee and Curtin
II Lumber Company against Odell and
Others, from Nicholas county, the de-
cree Of the lower court was reversed
IN part. and a decree was entered for
the appe l1ant; Miller, Judge.
Is =. An agreement between seller
and purchaser Of timber taken by the
former from a particular tractsof land,
1.-The right and title to which is In cons
| troversy, that the chaser shall hold
the purchase money until such con-
1 troversy is settled between the CON
hictng claimants by. suit or otherwise,
and not imposing any duty upon the
purchaser in respect to such suit or
settlement. constitutes q complete de-
tense to such purchaser when sued
by the seller for the purchase money,
before the controversy between such
conflicting claimants has been settled
or judicially determined as contem-
plated by the contract, and a. court Of
equity has no jurisd iction at this I'm
stance to- enjoin the prosecution Of
such suit. ~ Il
!. 90 Nor can such purchaser by bill
of ;interpl leader or a bill. in the ma
l'ture Of a bill Of interpleader implead
one Of said claimants from whom he.
has previously purchased; and paid
for the. same timber, and under whom;
he; is occupying the lands on which,
that and other timber Is situated, and
compel the claimants OF said land and
timber to s1itigate their title to land
and timber in such suit Under such.
circumstances the essential elements
or conditions for a bill OF interpleader
are not present:
.'3 8. Il On such a bill OF interpleader,
the answer, without demurrer, OF one
of said claimants, allenging the jur-
lsisdiction of the court, is sufficient to
give him right of appeal from an ad-
verse decree against him. and toEwar-
rant this court in reversing the same
for error therein"
State against Hayes.
The Judgment Of the Nicholas cir
cult court was reversed. in the case
of the state against Hayes and the
case was remanded; ~offenbarger,
'ua .s /. :. :. 80. a
=, = VIII. q scire 1aclas lol. award
= az eaecueloh asalnst . surely N N
lscvs hi1ance, Delns aeclaratlo },
facts essential to the udgment sought.
y. A writ for such purpose. re-,
citing a recognizance to appear be-
fore a justice Of the peace and "a de-
sauie lhaos ~ me circuit EE couIt, Wilt lEl
oul any rec ". OF = coghlzance 70
~. sa.uE couf., ~ lnsulnclemt.
s9u ls - VIII Y a ~ ole,
=, asKisI, aeai !,, tn i,1 urh. &
he Tue c y court OF
sMerceI, couh!y was at4IMeu N me
ssse " s.sl.s. 9 y a al o.lA'
D1a aas'' ,; yuase. /. Is ., j:
!. = . lnoasn y. y necessaIy, .Wnen
~ ins.I ucslon ylils az hypo.na-
esis aepenusht UPON me nnalng OF
cor .aln 1acs py me jury, mas peen giV-
eh tor one paIty, 70 give anotner lor
.nes opposlte parry. II !. ;requesteas stat-
ing me converse OF me elegai propo-
sltion, mere pelng evidence tenaing 70
ustaln tns rus " LOSES ho' uuey'
70 . aepe ,a, ~ ~ alneient lorlns.
me ti islI Ecour mas discre :,
70 refuse an lnstruc et SO drawn tnat
u may mislead me Jury py' an lmph-
cauon uniavora ~ pie. 70 one 'l Oh the par
t1es.
lo.oDtam tthe Denent 81 errors
N rulngs upon evidence aamitteo OF
reJecteu, !he complaining parry mus
specify tne m me court WI! NOT
search the transcript OF tne evidence
for them. f7,-s
Whether an s,ndep enaent lnves-
LEGATION by one OF tne parties 70 nego.
uations lot CONTRACT OF SAFE OF reai
estate, as 10 me subject anal.er OF 9
false representation made py me, otner
is conclusive evidence OF non-reliance
upon the n1sre representation ltaa IN me il
closing q the contract, depends upon
the nature OF the tact IN question and