The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-10-08
SUPREME COURT GIVES
OUT THREE DECISIONS

principal, conducting a checking ac-
count in bank. in his own name
creating an overdraft therein and exc
cutting his own checks on another bank
to make the overdraft good, makes
himself individually liable to tho
bank
I'm such case. the doctrine OF dis.
charge of the agent by election to
hold the principal for the debt, does
not apply; and subsequent acceptance
by the bank Of notes of the principal
for the debt and collateral security
therefor, does not release the agent.
"A contract between the principal
and the bank, TO which the agent is
not a party, reciting acceptance OF the
notes and securities, the agency and
the indebtedness of the principal, but
not releasing the agent, nor, in terms
or by implication. making the notes
payment of the debt. does not effect
novatfon OF the debt
Extension of time to an insolvent
principal does not release the sure
ty.
"A bank to which a depositor owes
matured debt may appropriate a
general deposit of tho debtor to pay
ment Of the debt; but 1t has no right so
to appropriate or apply deposit made
by the debtor for known special pur-
pose, or under n special agreement
that 1t may be checked out or with
drawn for specific purposes"
Coal Company against WeStfaIl.
In the case of the Davis Collfery
Company against Westfall and others,
the judgment Of the Randolph circuit
court was reversed and the case was
remanded. The opinion was by Judge
Williams. The syllabus OF the opinion
was as follows;
ITO entitle a plaintiff in ejectment
to recover, 1t is essential not only that
he prove good title, but also that he
locate his land and show that tho
boundaries thereof include the land
in controversy.
"A party claiming land under a ju,
dicial sale and special commissioners
deed may introduce the record In such
proceeding, both as evidence OF title,
and also for the purpose Of Identifying
the land Sold and conveyed.
"a conveyance, otherwise good, de-
scribing the land as one tract OF sew
en- hundred acres being a part
of tract OF one thousand acres,
which last named tract is likewise
described by general location and re.
puted acreage, is not void for indefinite
description. the purpose being to con-
yey, as distinct parcel, the remnant
Of the larger tract, regardless OF its
actual acreage. In such case the
acreage Is merely descriptive Of the
tract intended to be conveyed and does
limit fhn F,tIanttfNr Of land Nftht Lab
the tract actually contains.
1.-THE metes and bounds Of a tract,
thus identified and made certain, may
be ascertained by reference TO the
boundaries of adjacent lots.
Where the right Of party to re-
cover, in ejectment, depends solely
upon the light of the undisputed facts,
the question is one of law for the
court and not one OF fact for the
Jury.
ITO constitute an estoppel by de-
cree Of court the decree must have
been rendered upon the merits of the
controversy, in cause Of which the
court had jurisdiction.
"a decree Diminishing bill upon de-
murrer for defective pleadings, after
failure to amend, is not res judicata.
"A bill for partition Of land, which
fails to allege that plaintiff and de-
PENDANT are contestants or, In some
way show that they are jointly inter
ested in the land, is properly dis
missed on demurrer; and such dismiss
sal is not an estoppel upon the plain
tin in such suit, or his privies In es-
tate. in an action OF ejectment to re-
cover the land. y
MR. Z CLYDE nn0KEET.