Volume 1 — Randolph's Virginia Reports

<p>New Trial — Interest of Jurors* — Case at Bar. — Where a juror, after he is sworn in an action of slander, expresses a wish to withdraw, because he himself had a similar suit depending-in the same court, in which the slander was the same; but the counsel not consenting to withdraw him, the trial proceeds and a verdict is rendered; the court ought not to grant a new trial.</p>

<p>Hortgage — Conditional Sale — What Constitutes† — Case at Bar. — where A borrows money of B, to be repaid on a given day. and delivers to B, a negro man, declaring by writing that the negro is so delivered “in order to pay the interest thereon and to secure the payment of the principal” at the time stipulated, &c. "the labor of the said negro to be for the interest of the money,, and if the said A shall fail to repay the said sum of money on or before” the day stipulated, “then the said B, is to have a good title in fee simple to the said negro. If the said negro shall die before" the day stipulated, “it is to he the loss of the said A the court were divided whether this instrument should be considered a mortgage or conditional sale ; one judge regarding it as a mortgage ; another considering it as a mortgage upon its face, hut rendered a conditional sale by the attendant circumstances ; and a third viewing it as a conditional sale.</p> <p>Adversary Possession — What Constitutes.‡ — Qu. What shall he considered an adversary possession:-'</p> <p>Chancery Practice — Interlocutory Decree — Opening— Newly Discovered Evidence.§ — It is error in the chancellor to refuse an application to open an interlocutory decree, founded upon affidavits of a discovery of important matter since such decree was rendered.</p>

<p>Wills — Construction—Estate Tail.* — A testator devises a tract of land to Ms daughter H. L. “ana to her and the heirs of her body, and to them and their heirs and assigns for ever;” and afterwards adds. “If my daughter H. L. should decease, not having any lawful heirs of her body," that then the land should become the property of his son D. L. These words convey an estate tail to H. L. and not a life estate.</p>

<p>The following opinions present so full a view of the case, that any other statement would be unnecessary.</p>

<p>Husband and Wife — Property Rights of Husband-Slaves in Possession under Unconfirmed Commissioner’s Report. — A man dies intestate, leaving a widow and three infant children. The widow marries a second husband. Two of the children die under age, leaving the slaves, derived from their father, to be divided between their mother and the surviving- child. The mother and her second husband bring a friendly suitin chancery, against the administrator and surviving child of the first husband, to obtain a division of the slaves of the deceased children. Commissioners are appointed to make the division, who perform that duty; but their report is never returned, and of course, never confirmed. The slaves remain on a plantation, in possession of the second husband and wife. In this state of things, the second husband dies. His administrator brings a suit,in chancery, to recover the slaves so assigned to his wife, as being vested in him absolutely, by virtue of his marriage. Held by a divided court, that under the circumstances of the case, the husband did not acquire a right to the slaves.</p> <p>Same — Same—Possession under Interlocutory Decree.* —Quaire, how far a possession by a husband, under an interlocutory decree, agreed to, and acquiesced in. by an executor or administrator, and all parties concerned, will be considered as vesting the property in the husband and his representatives?</p> <p>Equity Jurisdiction — Recovery of Slaves — Discovery.† —A court of equity, has jurisdiction for the recovery of slaves, wherever a discovery of the increase of female slaves, after a considerable lapse of time, and an accountof hires and profits of a stock of slaves, where some of them may have been young and chargeable.</p>

<p>Executors — Appeals by — When Appeal Bond Required.* — Where an executor is sued in chancery, for a subject which is in part personal to himself, and in part touching- his executorial character, he'ought not to be compelled to give an appeal bond for the latter, as the subject is covered by his official bond.</p>

This was a suit brought in the Richmond chancery court, by Pickett, Pollard, Johnston and Sheppard, administrators of John Pendleton, deceased.