BURLEW ADMR. &c, v. SMITH ET ALS. Kanawha County. Reversed in Part. Affirmed in Part Poffenbarger, Judge. 1. A plea to a bill in equity, filed by an administrator with the will annexed, asserting variance between the summons and the bill, en the ground that the plaintiff is described in the summons merely as administrator, is a plea in abatement, and, if unverified or tendered after a general appearance, may properly be rejected or disregarded In the decree. 2. In a suit to enforce a vendor's lien against property which the vendee has conveyed to another person, upon his assumption of the purchase money debt, and which has been conveyed by said second purchaser to a third, lu consideration of money paid and notes exccuted by such third person, with an express covenant in the deed for payment of all incumbrances by the grantor all of such persons are proper parties. 3. If, in such case, none of the original purchase money, which the second grantee was bound to pay, has been paid by the first or third, the extent of their right is to have a decree, requiring such second grantee to pay the original creditor what is due on account of the purchase money Neither has a right to a personal decree for money in his own favor. 4. In such case there is no legal contract of suretyship, but for the purpose of working out equity and justice, the parties will be treated, in a court of equity, as standing in a relation of suretyship. 5. A stipulation for accelleration of payment in a contract for money is not penal in its nature or effect and will be enforced in a court of equity. 6. Parol evidence is inadmissible to contradict or vary the terms of a written contract. DANIEL, ADMR. v. BIG SANDY COAL & COKE CO. McDowell County. Affirmed. Robinson,, President. The principles of Norman v. Virginia-Pocahontas Coal Co., W. Va. A deed must be both delivered and accepted to operate as a deed. THOMPKINS v. SUNDAY CREEK COMPANY. The declaration in this case shows no cause of action. STATE V. GRAHAM. Marshall County. Affirmed. Robinson, President. 1. The provisions of Code, 1906, chapter 165 sections 1 to 5 inclusive, pursuant to which, by an infɔrmation in the circuit court of the county in which the penitentiary is situated, there may be imposed the additional sentence provided by law upon a convict who once or twice before has been convicted and sentenced to a penitentiary aud not violative of any constitutional guaranty. 2. By proceedings under the statute mentioned, the convict is not held to answer for a crime so as to require presentment or indictment of a grand jury, nor is he thereby twice put in jeopardy for an offense. POST ET ALS. v. W. H. BAILEY & CO. ET AL. 1. A creditor who holds a note secured by both personal endorsement and by a vendor's lien ou land conveyed to the principal debtor, may proceed at law on the note and in equity for the enforcement of his lien, at the same time, until he obtains satisfaction in one form or the other. 2. Equity will not enjoin the collection of an execution levied upon the property of the surety, on the sole ground that the creditor is proceeding in equity to enforce his lien on the lands of the principal debtor, for the same debt. HURST HARDWARE CO. v. GOODMAN. Mingo County. Affirmed. Poffenbarger, Judge. 1. If property be delivered or services rendered to one person upon an oral promise of payment by another, and charged only to the person to whom delivery was made or for whom services were so rendered. and an effort made to collect the purchase money or compensation from the person against whom the charge was made, such promise is collateral and, if not in writing, void. 2. If the main purpose of an oral promise by one preson to pay a sum of money for which another is liable or may become liable is to secure a direct, personal and pecuniary benefit to the promisor, the promise is original and not within the statute of frauds, though such third person remain liable for the debt. 3. If the benefit, derived by the promisor in return for such a promise is remote, indirect and not personal, the promise is collateral and within the statute. 4. The oral promise of an officer and stockholder of a corporation who is liable as an endorser on its paper and for debts or obligations, assumed by the corporation, to pay for goods sold and delivered to it, is collateral and within the statute, the benefit, accruing to him from such sale and delivery, being remote and indirect, DOLAN V. ESKRIDGE Cabell County. Judgment Affirmed. SYLLABITS, The will in this case gives the wife only an estate for her life in a moiety of the land by it devised. The decree below is affirmed upon the rules and principles enun. ciated in Pollock v. Brookover, 60 W. Va. 75, and other cases cited. Anyone sending a sketch and description may quickly ascertain our opinion free whether an invention is probably patentable. Communica tions strictly confidential. HANDBOOK on Patents sent free. Oldest agency for securing patents. Patents taken through Munn & Co. receive special notice, without charge, in the Scientific American. A handsomely illustrated weekly. Largest cir- MUNN & Co.361 Broadway. New York Branch Office, 625 F St., Washington, D. C. Who Was There That You Knew? IN N the shadowy ranks of those who marched to defeat or death or victory fifty years ago in the mighty conflict that convulsed this great nation, is there father or grandfather or uncle of yours? Would you like to see a photograph of him in that long ago day of his youth-a photograph that he never knew was taken? Perhaps we can show you one; and in any case, we can tell you a story, stranger than any detective fiction of 3,500 priceless photographs that were lost and are found again. 3,500 Long Buried Photographs 12 of These FREE TH of the Civil War HEY were taken by the greatest photographer in the United States of that day: they were bought by the United States Government for $30,000: they were buried in the War Department for 50 years-they are buried there still. But a duplicate set was kept by the photographer who died poor and broken down; that duplicate set was knocked from pillar to post for nearly 50 years, until it was discovered by a New England collector. J. Pierpont Morgan tried to secure the collection-Ex-President Garfield and General Benjamin F. Butler said it was worth $150,000-yet with the help of the REVIEW OF REVIEWS, the entire collection has been gathered into 10 great volumes and is placed within your reach at less than the value of one of the photographs. It is the one accurate, impartial history of the Civil Warfor the camera cannot lie. It tells the story of the War you never heard before. Taken under protection of the Secret Service, these photographs bring to light thousands of littleknown phases of the war; they penetrate to strange places and record strange things. REMEMBER:-Our privilege of selling these books is limited as to time. Our supply of Free Portfolios is limited in quantity. You must be prompt to secure either. Better mail this coupon today. Review of Reviews Company 13 Astor Place, New York Pictures For the Cost of Mailing In order to give you some idea of the greatness of this work we will send you 12 superb reproductions of the photographs free of charge in a handsome portfolio. These photographs are very expensive and valuable, but you send only 10 cents to cover the cost of mailing. They are not only interesting from a historic standpoint, but, framed, make a splendid addition to your library walls. At the same time we will tell you Send the coupon Review of Reviews Company, 13 Astor Place, New York, N. Y. Bend me, free of charge, the 12 reproductions of your newly discovered Brady Civil War photographs ready for framing and contained in a handsome portfolio. Also send me the story of these pictures and tell me how, for what the government paid for half a dozen prints, I can make the whole collection my own. I enclose 10 cents to cover the cost of mailing. Name Address THE BAR There are some things which all men must concede to be imperatively required by the situation today, for the safety of our institutions:-more patriotism in our politics; more respect for the ballot; more reverence for law; and a higher standard of statesmanship for all men who are chosen to administer the government. PRICE, 10 CENTS $1.00 A YEAR IN ADVANCE NEW DOMINION PRINT. MORGANTOWN, W. VA. |