The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-03-19
by the particular words.

. 10y lnE MQlAHE
"2. The general rule that when
! the location of the natural objects, or
the lines Of survey, called for, is
doubtful or uncertain. resort may be
had to extraneous or oral evidence,
to show the actual intention OF the
parties. and that doubtful lines and
corners must give way to the more
certain courses or monuments called
for in the title papers. has no appli-
cation In a case where the evidence
leaves no room for doubt as to the
location OF the lines or monuments
called for.
"3. Deeds or other instruments
giving color OF title. and possession
and payment OF taxes on the whole
acreage covered thereby for the re-
qutstte period, as provided by section
8, article IS. of the constitution will
entitle the claimant to the benefit OF
the transfer Of the states title to the
forfeited lands proceeded against and
covere dthereby, Notwithstanding
such right and title was begun and
natured pending the states suit to
sell the land for the benefit OF the
school fund.-"
orenstein-Arthur Koppel Company
against Martin and others; Harrison
county; reversed, remanded: Judge
L. Judson Williams. president.
Plaintiff condlttonally sold and
delivered to the defendant twelve
two yards dump cars. and took his
several notes payable at different
times, for the purchase price. At
ter defendant had paid the first note.
plaintiff sold him twelve larger dunn
cars and an engine, on like condition.
retaining title until all the purchase
price should be paid, and they then
agreed that the cash already Maid
and the notes given for the first lot
OF cars should be retained. as mart
OF the consideration for the second
lot OF cars and engine: and defendant
executed his additional notes to COW
err the difference In price, and agreed
to return to plaintiff, in good condl-
tlon and ut his own expense. the first
lot OF cars. He returned only two
OF them; and paid all the notes en-
cept the last three. and tlefaulted In
the payment OF the last two. Where
upon plaintiff brought detinue to re-
cover ten small cars and the twelve
larger cars and engine. He said:
The small cars were no part or
the consideration for the large cars
and engine; and plaintiff was not as
sorting Inconsistent rights by suing
for all OF them In one action.
That the negotiation OF one ~
the notes, which he was afterwards
required to take up. was not a waiver
OF plaintiffs right to claim the prom
erty.
That he had a right to recover
the property 30 long as any OF the
purchase money notes remained IN
his hands unpaid.
That on recovery OF the property.
defendant has a right to demand
that the unpaid notes be Cancelled and
delivered up to him, before iudg-
ment."
state against Ellen Workman.
Boone county reversed and remand
ed; John W. Mason. Judge.
I'm n suit by the state to sell for
feited lands for the benefit of the
school fund, the state must show
that the land has been forfeited and
identify and locate with certainty the
particular land alleged to be for
feited."
Frank ]. Flanagan against Flana-
gan Coal Company; Mcdowell coun-
ty; affirmed; Williams. president. .
Ratification by majority OF the
directors, at meeting duly called,