The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1915-12-12
THIRTEEN DE CISIONS ARE
MADE BY SUPREME COURT

WeuStcT MISUNDERSTANDING ana re
manded.
State against Springer, Tucke
county-Afiirmed.
The following are the syllabi OF tn,
cases:
Gwinn ct al Y. Gwinu.
Summers county: reversed; bill
dismissed: Mason. Judge,
In the habendum clause Of dee,
Is found this language: ITO have ant
to hold aforesaid tracts or parcels o
land with the appurtenances unto tn,
said w. Ia G.. his heirs and assigns
forever with the express understand
Ing that the said B. G. is. to have tn,
privilege Of locating and keeping oper
a wagon road through said land" de-
scribing the route Of the road. Th,
said b. g. was not a party TO the deed
and no such road existed at tho time
Held: That this privilege to b. g. Il
locate and keep open this road is /,
Limitation TO the habendum clause Il
tho extent only OF comforting on B
G. privilege to be exercised by him
self. and is not reservation by wa,
OF a reddendum clause. n
A way OF necessity exists where Lane
granted is completely enyironed b,
land of tho grantor, or partially b,
his land and the land Of strangers
Tho law implies from these facts tina
private right Of way over the grant
or's land was granted to the granite,
as appurtenant to tho estate.
Use OF private way from one.
land OF another for ten years will
the acqniescence OF the other will
confer a right to such way. but. II, til,
owner does not accuiesce therein, bu
denies the right Of way. such use vii
not confer the right OF way. y
Lawrence VI. Barlow, ct al.
Roane county: Judgment reverse,
and petitioner released; Mason, Judge
Any person confined in one OF tn,
hospitals for the insane. OF this state
as an insane person, except in tn,
case OF q person charged with Grim,
and subjects to be tried therefor, O,
convicted of a crime and subject |,
be punished therefor. when in con
dition to be SO tried and punished.
may be delivered to any friend VIII,
will give bond and security with tn,
conditions mentioned in section 10
chapter IS Of the code OF West vir
GINA. II such insane person shall b,
restored to sanity while in the Gus
tody Of such bondsmen, It Is the dut,
OF the persons having control OF sucl
hospital to discharge him from sucl
custody and give him a ceZtihcat,
thereof. II the person in charge o
such hospital fail or refuse to releas,
such person from custody. after rea
sonable demand. the writ of habeal
corpus is a proper remedy to secur,
such release.
McCreary V. Chesapeake and
Ohio Railway Company.
Greenbrier county; Judgment re
versed; new trial awarded: Lynch
Judge.
When alleged as the basis for re
covery in an action, negligence, a
the facts and circumstances reason
ably justifying an inference of neg
ligence. must be proved like any othe
facts necessary to entitle plaintiff I,
a verdict and Judgment in his favor
In the absence Of proof showing
the acquisition Of its railroad RICH
Of way by condemnation, negligence
can not be imputed 10 a railroad com
pany merely because of its failur,
to enclose such right Of way.
Under the provisions Of section 163
chapter SO, code. an appeal lies from
the Judgment Of Justice. though de
PENDANT did not appear in respons,
to the process served on him, OK
cept to ask for such appeal and ten
der the required bond therefor.
Harper ct al v. South. Penn OIL.
Company. .
Roane county: decree reversed
cause remanded: Lynch, Judge.
Where lessons in an oil and "a,
lease. covering 115 acres composet
/ Of three parcels conveyed by differen
grantors, executed sealed instrument.
purporting to assign all the della!
rentals and oil and gas royalties re
served by them in productions from
the leased premises under the term!
Of the lease. Of the execution Of which
assignments they rptifcd the Jesse,
J and thereby authorized 1t to pay al
such rentals and royalties to such as
signees, "reserving nothing" to them
selves therein. and thereafter for sew
eral years. until the institution o
this suit, the lessee pursuant to sucl
authorization. paid and delivered tn,
rentals and royalties as so directed
| twhere with or without protest d
the. lessons or their subsequent as
signees being immaterial), those hold
ing under such assignments are nee
essary parties to bill by the lessorl
or those In prlvity with them. claim
ing adversely to such assignees
whereby they seek an adjudication
limiting the oil and gas estates, so as
signed. to one only Of the several par
cells constituting the lis acres ant
an accounting. as to all rentals ant
royalties chargeable to that partic'
ulari tract. t''i'h.
Whenever. in a suit in equity, Il ap
pears that persons not parties to the
litigation have direct interests In the
subject matter involved, or that, II
their absence the rights Of the par.
ties thereto prevented by an adjudica-
ton therein. the court ordinarily ought
In such circumstances. when season.
ably requested By parties to the cause
to require plaintiffs to convene such
absent parties that Justice may be
done, performance Of the decree rem
dered safe to those compelled to obey
It, and further litigation In respect
thereof thereby foreclosed.
Except when otherwise provided by
statute. q decree to be appealsble gen