The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1915-04-22
WOMAN
MUST SIGN WRITING
AS LAW REQUIRES

supreme court from the circuit court
Of Taylor county. Judge Williams
writing the opinion of the court, held
that a contract with a building and
loan associationfor the repayment or
money advanced upon unmatured
stock which provides for payment of
\ the premium bid for the loan not in
a lump sum but in monthly install
ments for definite time is not
luxurious.
The court in an opinion by. Judge
Williams affirmed the circuit court OF
Tyler county in the case Of the Clarks-
burg Northern Railroad Company VS..
Morris, sheriff, holding that county
assessor has. no authority to assess,
for taxation. any part Of public rail-
road, and such assessment by him is
unlawful and void. At the suit of the
owner, it was held, equity will join
the collection of a tax extended upon
such unlawful assessment.
Two cases were joined in the opin-
ion of President Robinson in affirm
ing the action of8the circuit. court of
Lewis county in the cases OF Hornor
VS.. Life, administrator, and Butcher
VS.. Life, administra tor. An appeal to
"a cause within time as to one decree
therein, does not bring up forareview.
other DEGREES which were appeala BILE
but as to which the time fixed by law
for appeal has expired.
tsThe motion sanctioned by Code
Chapter / 81, section 5, says the
syllabus, is simply for the purpose Of
correcting error apparent on the
record, as upon appeal or writ of.
error. Tt can not avail to open the
couse to let in a defense that was not
late process a party can not take adj
prejudice his rights
In the case or Harbert vs.. Hope
Natural Gas Company. from Dod-
bridge county, the supreme court In
an opinion written by ] I'D ges Wi lliams
the lower court and entered
a decree here. In this case the court
said: 85 3. 81
a stipulation in an oil and gas
lease, that, If gas is found in paying
quantities, the lessor shall have free
gas for domestic purpose. by making
his own connection is aScovenant run
ming with the land, but is not, neces-
sarily, to be performed on5the land.
Consumption Of gas not being
confined to dwelling house on the
leased premises, by the terms OF the
lease, the place of consumption is one
of intention, to be determined by the
facts and circumstances relating to
the subject matter OF contract. known
TO the parties atsthe time, and by
their subsesuent conduct in the $execu-
ton thereof, ndicating such inten-
lion.
IF, after producing gas we'll is
drilled on the lease. the lessons
grantee and assignee Of the free gas
right applies to the lessee's assignee
OF the lease for free gas for use in his
idwellin g house not situate on the
lease. and such assignee. through its
agents, having Eknowledge OF the facts.
permits him to tap OF its gas lines in
the vicinity of sue well. butbnots con
nected with it and to use gas there
from for a long period Of time, such
conduct evidences a practical con
Istruction Of the covenant, and is an
Implied admission Of the scovenantee's
right to consume the gas elsewhere
than on the lease, but nj OF Of his right
to free gas from wells other than
those on the leased premises.
In such case the assignee Of the
Icovenantor may be enioined from in
terfering with the rights Of the less
for's grantee to make connections with
and obtain gas from a well on the
leased premises 55