vital principle in West Virginia

1951Pierpoint v. [Town of] Harrisville, 9 W.Va. 215 ; Walker v. Summers, 9 W.Va. 533 ; Boughner v. [Town of] Clarksburg, 15 W.Va. 394 ; Miller v. Town of Aracoma, 30 W.Va. 606 , 5 S.E. 148 ; Morlang v. City of Parkersburg [ 84 W.Va. 509 ], 100 S.E. 394 [ 7 A.L.R. 717 ]; Hicks v. City of Bluefield [ 86 W.Va. 367 ], 103 S.E. 323 ." In the Miller case, in point 4 of the syllabus, this Court also declared that acquiescence by the owner of land in its use and control by a public authority, manifested merely by his silence, is negatived or terminated by his conveyance of the property to another person w

1951Pierpoint v. Harrisville, 9 W.

1951Mason City [Salt & Mining] Co. v. Town of Mason, 23 W.Va. 211 ; 18 C.J., p. 93, § 101." In Miller v. City of Bluefield, 87 W.Va. 217 , 104 S.E. 547 , this Court held in point 1 of the syllabus: "An owner of private property is not deemed in law to have dedicated it to public use, either by deed or by conduct, unless his intention so to do is deliberately, unequivocally, and decisively manifested by his deed or his conduct."; and in the opinion said: "Intention to dedicate being the vital principle of a dedication of property to public use, the declaration of such intention, whether by deed or

1951Mason City [Salt & Mining] Co. v. Town of Mason, 23 W.Va. 211 ; 18 C.J., p. 93, § 101." In Miller v. City of Bluefield, 87 W.Va. 217 , 104 S.E. 547 , this Court held in point 1 of the syllabus: "An owner of private property is not deemed in law to have dedicated it to public use, either by deed or by conduct, unless his intention so to do is deliberately, unequivocally, and decisively manifested by his deed or his conduct."; and in the opinion said: "Intention to dedicate being the vital principle of a dedication of property to public use, the declaration of such intention, whether by deed or

1992In Black the vital inquiry ... [was] whether the act of the writer of the instrument in inserting his name in the first line in the part generally designated as the caption or the exordium, and in not affixing his name at the end or the bottom or on the margin of the paper, satisfied the requirement of the statute that to be a will the written instrument must be signed by the testator in such manner as to make it manifest that the name is intended as a signature. 131 W.Va. at 255 , 46 S.E.2d at 809 .

1992In Black the vital inquiry ... [was] whether the act of the writer of the instrument in inserting his name in the first line in the part generally designated as the caption or the exordium, and in not affixing his name at the end or the bottom or on the margin of the paper, satisfied the requirement of the statute that to be a will the written instrument must be signed by the testator in such manner as to make it manifest that the name is intended as a signature. 131 W.Va. at 255 , 46 S.E.2d at 809 .

1951Pierpoint v. [Town of] Harrisville, 9 W.Va. 215 ; Walker v. Summers, 9 W.Va. 533 ; Boughner v. [Town of] Clarksburg, 15 W.Va. 394 ; Miller v. Town of Aracoma, 30 W.Va. 606 , 5 S.E. 148 ; Morlang v. City of Parkersburg [ 84 W.Va. 509 ], 100 S.E. 394 [ 7 A.L.R. 717 ]; Hicks v. City of Bluefield [ 86 W.Va. 367 ], 103 S.E. 323 ." In the Miller case, in point 4 of the syllabus, this Court also declared that acquiescence by the owner of land in its use and control by a public authority, manifested merely by his silence, is negatived or terminated by his conveyance of the property to another person w

1951Pierpoint v. [Town of] Harrisville, 9 W.Va. 215 ; Walker v. Summers, 9 W.Va. 533 ; Boughner v. [Town of] Clarksburg, 15 W.Va. 394 ; Miller v. Town of Aracoma, 30 W.Va. 606 , 5 S.E. 148 ; Morlang v. City of Parkersburg [ 84 W.Va. 509 ], 100 S.E. 394 [ 7 A.L.R. 717 ]; Hicks v. City of Bluefield [ 86 W.Va. 367 ], 103 S.E. 323 ." In the Miller case, in point 4 of the syllabus, this Court also declared that acquiescence by the owner of land in its use and control by a public authority, manifested merely by his silence, is negatived or terminated by his conveyance of the property to another person w

1951Mason City [Salt & Mining] Co. v. Town of Mason, 23 W.Va. 211 ; 18 C.J., p. 93, § 101." In Miller v. City of Bluefield, 87 W.Va. 217 , 104 S.E. 547 , this Court held in point 1 of the syllabus: "An owner of private property is not deemed in law to have dedicated it to public use, either by deed or by conduct, unless his intention so to do is deliberately, unequivocally, and decisively manifested by his deed or his conduct."; and in the opinion said: "Intention to dedicate being the vital principle of a dedication of property to public use, the declaration of such intention, whether by deed or

1951Pierpoint v. [Town of] Harrisville, 9 W.Va. 215 ; Walker v. Summers, 9 W.Va. 533 ; Boughner v. [Town of] Clarksburg, 15 W.Va. 394 ; Miller v. Town of Aracoma, 30 W.Va. 606 , 5 S.E. 148 ; Morlang v. City of Parkersburg [ 84 W.Va. 509 ], 100 S.E. 394 [ 7 A.L.R. 717 ]; Hicks v. City of Bluefield [ 86 W.Va. 367 ], 103 S.E. 323 ." In the Miller case, in point 4 of the syllabus, this Court also declared that acquiescence by the owner of land in its use and control by a public authority, manifested merely by his silence, is negatived or terminated by his conveyance of the property to another person w

1951Pierpoint v. [Town of] Harrisville, 9 W.Va. 215 ; Walker v. Summers, 9 W.Va. 533 ; Boughner v. [Town of] Clarksburg, 15 W.Va. 394 ; Miller v. Town of Aracoma, 30 W.Va. 606 , 5 S.E. 148 ; Morlang v. City of Parkersburg [ 84 W.Va. 509 ], 100 S.E. 394 [ 7 A.L.R. 717 ]; Hicks v. City of Bluefield [ 86 W.Va. 367 ], 103 S.E. 323 ." In the Miller case, in point 4 of the syllabus, this Court also declared that acquiescence by the owner of land in its use and control by a public authority, manifested merely by his silence, is negatived or terminated by his conveyance of the property to another person w

1951Pierpoint v. [Town of] Harrisville, 9 W.Va. 215 ; Walker v. Summers, 9 W.Va. 533 ; Boughner v. [Town of] Clarksburg, 15 W.Va. 394 ; Miller v. Town of Aracoma, 30 W.Va. 606 , 5 S.E. 148 ; Morlang v. City of Parkersburg [ 84 W.Va. 509 ], 100 S.E. 394 [ 7 A.L.R. 717 ]; Hicks v. City of Bluefield [ 86 W.Va. 367 ], 103 S.E. 323 ." In the Miller case, in point 4 of the syllabus, this Court also declared that acquiescence by the owner of land in its use and control by a public authority, manifested merely by his silence, is negatived or terminated by his conveyance of the property to another person w

1951Pierpoint v. [Town of] Harrisville, 9 W.Va. 215 ; Walker v. Summers, 9 W.Va. 533 ; Boughner v. [Town of] Clarksburg, 15 W.Va. 394 ; Miller v. Town of Aracoma, 30 W.Va. 606 , 5 S.E. 148 ; Morlang v. City of Parkersburg [ 84 W.Va. 509 ], 100 S.E. 394 [ 7 A.L.R. 717 ]; Hicks v. City of Bluefield [ 86 W.Va. 367 ], 103 S.E. 323 ." In the Miller case, in point 4 of the syllabus, this Court also declared that acquiescence by the owner of land in its use and control by a public authority, manifested merely by his silence, is negatived or terminated by his conveyance of the property to another person w

1951Pierpoint v. [Town of] Harrisville, 9 W.Va. 215 ; Walker v. Summers, 9 W.Va. 533 ; Boughner v. [Town of] Clarksburg, 15 W.Va. 394 ; Miller v. Town of Aracoma, 30 W.Va. 606 , 5 S.E. 148 ; Morlang v. City of Parkersburg [ 84 W.Va. 509 ], 100 S.E. 394 [ 7 A.L.R. 717 ]; Hicks v. City of Bluefield [ 86 W.Va. 367 ], 103 S.E. 323 ." In the Miller case, in point 4 of the syllabus, this Court also declared that acquiescence by the owner of land in its use and control by a public authority, manifested merely by his silence, is negatived or terminated by his conveyance of the property to another person w

1951Pierpoint v. [Town of] Harrisville, 9 W.Va. 215 ; Walker v. Summers, 9 W.Va. 533 ; Boughner v. [Town of] Clarksburg, 15 W.Va. 394 ; Miller v. Town of Aracoma, 30 W.Va. 606 , 5 S.E. 148 ; Morlang v. City of Parkersburg [ 84 W.Va. 509 ], 100 S.E. 394 [ 7 A.L.R. 717 ]; Hicks v. City of Bluefield [ 86 W.Va. 367 ], 103 S.E. 323 ." In the Miller case, in point 4 of the syllabus, this Court also declared that acquiescence by the owner of land in its use and control by a public authority, manifested merely by his silence, is negatived or terminated by his conveyance of the property to another person w

1930Co., 95 Vt. 50, 53 , and “the vital test”, by Lively, Judge, in Waldron v. Coal Co., 89 W.

1930Co., 95 Vt. 50, 53 , and “the vital test”, by Lively, Judge, in Waldron v. Coal Co., 89 W.

1911Acquiescing in the rule, declared in Stockton v. Morris, 39 W.

1900Dickerson v. Colgrove, 100 U. S. 578 ; Herman on Estopel, 931; Pitcher v. Dove, 99 Ind. 175 ; Haven v. Kramer, 41 Iowa 382 ; Blight v. Schenck, 10 Penn.

1900Dickerson v. Colgrove, 100 U. S. 578 ; Herman on Estopel, 931; Pitcher v. Dove, 99 Ind. 175 ; Haven v. Kramer, 41 Iowa 382 ; Blight v. Schenck, 10 Penn.

1900Dickerson v. Colgrove, 100 U. S. 578 ; Herman on Estopel, 931; Pitcher v. Dove, 99 Ind. 175 ; Haven v. Kramer, 41 Iowa 382 ; Blight v. Schenck, 10 Penn.