McIntosh v. Vail

Fox and Lovins, Judges,

dissenting:

We are unable to concur in the opinion of the majority in these causes. As stated in that opinion, these causes have been heretofore considered by this Court in Appeals Nos. 9471 and 9472. We are presently concerned with Appeal No. 9471, reported in 126 W. Va. 395, 28 S. E. 2d 607. In that'case we dissented from the majority decision, believing that the covenant there considered was one running* with the land and enforceable by the present owners of the ninety-four acres, and not a personal covenant in favor of the grantees in the deed from Mary E. Clerc to…