Volume 12 — Grattan's Virginia Reports

In February 1850 an action of ejectment was instituted in the Circuit court of Henrico by Caroline V. Clarke, Emily W. Harris, David M. Branch and Sarah E. his wife, against Richard Reins, for the recovery of eight half acre lots of land in the town of Sydney, near Richmond. The plaintiffs claimed the lots of land as heirs at law of Benjamin James Harris deceased. The female plaintiffs were his children. The issue was regularly made up at the May term following.

Previous to the 2nd day of February 1835, Thomas 0. Taylor departed this life, having first made his will, which was duly admitted to probat in the County court of Powhatan. Held: conveyed and assured to the same trusts, and with the same powers, charges, conditions and exemptions as is herein declared in relation to the property of which I shall die possessed.

Josiah Robertson died in 1810, having made his will, which was duly admitted to probat. By his will he gave to his wife Catharine Robinson, the whole of his estate, for her life or widowhood; she paying his debts.

This was an action on the case in the Circuit court of Amelia county, by Frances Epes against Robert Harvey and James Hunter, partners, and contractors on the Richmond and Danville railroad. The declaration contained two counts.

John Redd was a wealthy farmer living in the county of Henry. Held: that under the second clause of the will of John Redd, the plaintiff could only claim the land lying between the fence and the spring branch; and dissolved the injunction, and dismissed the bill. Whereupon the plaintiff obtained an appeal from one of the judges of this court.

Peter Zeluff, a citizen of the state of New York, died some time previous to September 1837, leaving a widow and three infant children. By his will he gave the principal part of his estate to his wife during widowhood ; and if she should marry she was to have a child’s part; remainder to his children. At his death he owned a small tract of land in the county of bfansemond in the state of Virginia: And Edwin Godwin qualified here as his administrator.

' This was an appeal from the judgment of the Circuit court of Richmond county, affirming the sentence of the County court admitting to probat the will of John Cundiffi The only question in the cause was as to the due execution of the will. The paper was propounded for probat by James T. Yerby, one of the nominated executors, and its probat was opposed by Addison Y. Beane and his wife.

This was a suit in equity in the Circuit court of Pittsylvania county, instituted by Laban Green and others, heirs and distributees of John T. Crain deceased, to set aside a paper which had been admitted to probafeas the will of said Crain. The defendants were his devisees and the administrator with the will annexed. The court directed an issue devisavit vel non.

This was a bill filed in November 1842 in the County court of Accomack, by Lewis J. Snead and Thomas Custis, for partition of a tract of land descended to the children and heirs of Malinda Custis, of whom Thomas -Custis was one, and had sold his share to Snead. It also prayed partition of a tract of land and slaves descended to the children and heirs of William Custis of Henry. William Custis was the husband of Malinda, and their children were the heirs of both.

John Cullins, late of the county of Powhatan, died in 1833, leaving a will which was duly admitted to probat. Held: that Henley and Polly Cullins took but a life estate in the slaves and other property of John Cullins, except such as was consumed in the use: That the slaves emancipated by the will were free on the death of Henley Cullins, but that their children born after John Cullins’ death and during the lifetime of Henley Cullins, were slavés,…

On the 25th of October 1851, William N. M. Taylor instituted an action of debt in the Circuit court of Mecklenburg, county against Richard H. Daly for four hundred and two dollars and four cents, with legal interest thereon from the 27th of March 1849.

Some time previous to 1809 William Barnett died, leaving a widow and eight children, and possessed of a tract of land in the county of Goochland containing, according to an old survey, two hundred and fifty-seven acres. The widow seems to have had a life estate in the land, and to have died previous to the year 1828. One son, George C. Barnett, seems to have died after his father, intestate and unmarried; and his brothers and sisters were his heirs.

This was an action of detinue to recover a slave, brought in the Circuit court of Buckingham county in December 1848, in which Gustavus A. Rose, the survivor ■ of three trustees, was plaintiff, and George W. Nixon was defendant. Upon the trial the jury found a special verdict, which showed the following facts: That Mrs. Caroline M. Rose died in 1809, leaving a daughter Emily, then married to William R. Coupland.

This was an action of debt in the Circuit court of Norfolk county upon an indemnifying bond brought by William Etheridge, coroner, acting as sheriff, for the benefit of William M. Levy, against William H. Addington and two others, his sureties in the bond.

On the 28th of June 1853, between the hours of 10 and 11 o’clock A. M. William M. Clark sued out of the clerk’s office- of the Circuit court of Frederick county a subpoena in chancery against Henry P. Ward, George W. Ward and C. Lewis Brent, returnable to the next July rules.

This was an action of ejectment in the Circuit court of Barbour county, by the lessee of Martin Miller and others against Peter and Peter P. Lohr. The case is stated by Judge Samuels in Ms opinion. There was a verdict and judgment for the plaintiffs; whereupon the defendants obtained a supersedeas from this court.

On the 3d of June 1850, John C. Olinger, the plaintiff in error, exhibited his complaint before a justice of the peace of Lee county, that Alfred Shepherd, the defendant in error, had unlawfully turned him out of possession of a certain tenement, containing by estimation two hundred acres of land, with- the appurtenances, lying and being in the county aforesaid : whereof he prayed restitution of the possession.

Iii May 1833 John H. Fulton and Beverley R. Johnston, executors of Charles C. Johnston deceased, and guardians of his two infant children, filed their bill in the Circuit court of Washington county against the said infants, to have a sale of a tract of land descended to them from their father.

These cases were before this court in 1847, and are reported in 4 Grratt. 58. They were four actions for freedom brought in 1826, in the Circuit court of Montgomery county. Held: is about ninety miles, and Taylor, one of the defendants, attended the court at that term. The notice for taking the deposition was served on one of the defendants on the 8th, on another on the 9th, and on another on the 10th of April.

This case was before this court in 1837, and is reported in 8 Leigh 689. In addition to the facts stated in the report of the case in 8 Leigh, it is to be stated that Bolton lived in Baltimore in 1807, when the three notes were executed, on which the judgments were recovered against Connally Findlay as surviving partner of Findlay & Co.; and he continued to live there until his death, without so far, as the record shows, ever having been in Virginia.

This was an action of debt in the Circuit court of Randolph county, brought by John S. Carlile, for the use of Samuel Gibboijs, against Eli Butcher. The case is stated by Judge Moncure in his opinion.

By a petition bearing date the 10th day of March 1851, Harrison Polly, and three others, his brother and two sisters, applied to John W. Hite, a justice of the peace for Cabell county, stating that they were free persons of color, and were then in the possession of William Ratcliff, who held them as slaves: And they prayed that a summons might issue authorizing the sheriff of Cabell to take them into his possession for safe keeping, until the first day of the next term of…

This was a bill by Henry and Lewis Ruffner to enjoin and restrain Richard E. Putney from conveying away or disposing of certain property devised to Putney or Putney and wife, by David Ruffner deceased; and to subject the same in the hands of said Putney, or in the hands of purchasers from him, upon the grounds of an equitable mortgage which the plaintiffs claimed under an agreement with David Ruffner.

This was an action of debt on a bond for four hundred and thirty-five dollars, bearing date the 14th of May 1835, brought by James M. Smith against Thomas Lunsford. Issue was made up on the plea of payment, and by consent of parties it was entered of record, that under this plea the defendant might make any defense which he could make under any plea which he could file either under the common law or the act of assembly.

On the 12th of March 1831, an inquisition was taken before the escheater of Cabell county; and the jury having been charged to enquire what lands and tenements John Fiott, late of the city of London and kingdom of Great Britain, merchant, now deceased, died seized of; whether he left any heirs, or made other disposition of said lands in his lifetime; and whether the said John Fiott was an alien at the time of his death; they found that the said John Fiott, late of the city…

In 1804, Joseph. Stover instituted an action of debt against Paulser Huber and Jacob Hutsonpiller in the County court of Greenbrier, upon a bond for one hundred and seventy-two pounds, executed in 1788. The sheriff returned the process executed on Hutsonpiller, and that Huber had kept him off by force of arms.

Patrick McCullough. & Co. instituted an action of debt in the County court of Marion against Patrick McDonough, William McDonough and B. McDonough, for the sum of five hundred and twenty-five dollars and twelve cents. On the same day on which the process was issued, an attachment was sued out by the plaintiffs to attach the effects of the defendants to satisfy the debt for which the action was brought. This attachment was served on the Baltimore and Ohio Railroad Company.

This was an action on the case in the Circuit court of Ohio county, brought by Dorrance McGinnis against the Washington Hall Association, for injury done to the wall of plaintiff’s house, by digging on the adjoining lot. On the trial the plaintiff offered to introduce in evidence the dejiosition of Michael Keafe, which had been taken de bene esse, which was objected to by the defendant on the ground of the insufficiency of the notice.

This is the sequel of the case of Armstrong's heirs v. Wallcwp Sf others, 9 Gratt. 372. When the cause went back to the Circuit court, that court made an order directing a commissioner to state and report an account between the parties in accordance with the decree of the Court of appeals. The commissioner stated the accounts of the three wards separately.

This was an action of detinue in the Circuit court of Brooke county, brought by Oliver Pryor against Adam Kuhn, to recover a quantity of glass ware. Both parties claimed under Metcalf, Miller & Co. who were manufacturers of glass. When the cause was called for trial, the parties waived a jury and submitted the case to the court; and the evidence being heard, the court gave a judgment in favor of the defendant.

Robert Gaw died in 1829, having first made his will, which was duly admitted to probat in the County court of Shenandoah. Held: that the will of Robert Caw did not charge his real estate with the payment of his debts; but that Crawford’s representatives were entitled to charge the real estate for so. much of the amount due to him as was in payment of debts binding the heirs.

Barbara McGuire died about the end of the year 1835, having made her will, which was duly admitted to record in the County court of Brooke; and James and Robert Marshel qualified as administrators with the will annexed, with William Tarr and John Hendricks as their sureties. They also qualified as administrators of Francis McGuire with the same sureties.

On the 14th of January 1852, the intestate of the defendants in error instituted an action of assumpsit against Patrick and F. C. Crowley, in the Circuit court of Marion county; and on the same day they sued out an attachment against the estate of the debtors under the provisions of the Code, ch. 151, § 2, p. 600, with an endorsement directing the sheriff to summon the Baltimore and Ohio railroad company as garnishee.

This was a caveat in the Circuit court of Marion county, filed in January 1849, by William Eldridge, to prevent the issue of a patent to William Caruthers and David Morgan for seven hundred and ninety acres of land, of which they had made an entry, and had a survey made. After the proceeding had been commenced the caveator died, and it was revived in the name of his executor and the devisees of the proceeds of the land which was directed by the will to be sold. .

John Dilworth was indicted in the Circuit court of Harrison county, for the murder of Addison Bumbgardner. When the trial came on, William Flanagan was called as a juror, and was sworn and tried on his voir dire; and stated that he had not made up or expressed any opinion as to the guilt or innocence of the prisoner, and proved himself free from exceptions; and was thereupon placed upon the panel of twenty-' four.

These were indictments in the Circuit court of Appomattox county, for selling ardent spirits to slaves without the written permission of their master. The facts are stated by Judge Allen in his opinion. Judgments having been rendered against the parties, they applied for writs of error, which were allowed.

At the March term 1855 of the Circuit court of Lunenburg county, Isham W. Vaiden was indicted and tried for the murder of James A. Winn. The jury found him guilty of voluntary manslaughter, and fixed his term of imprisonment in the penitentiary at four years ; and the court sentenced him accordingly.