Volume 13 — Grattan's Virginia Reports

■ In the year 1809, Charles Terrill, assuming to act as the agent and by the authority of Micajah Terrill, sold to Robert Morris a lot in the corporation of Lynchburg, known as No. 79, and procured from John Lynch, who had sold the said lot to Micajah Terrill, but still held the legal title thereto, a deed for the same to said Morris.

In the year 1839, and for years previous thereto, Ira Tiehenor carried on the coachmaking business in the city of Richmond; and he had taken into partnership with Mm a certain Isaac L. Cary. On the 10th of October 1839 Tiehenor executed to Benjamin W. Green two bonds, each for five thousand dollars ; one of them payable on the 10th of October 1842 and the other on the 10th of October 1844; and both bearing interest from the date.

In November 1854, the city of Wheeling applied to the judge of the Circuit court of Marshall county for an injunction to restrain the Baltimore and Ohio Rail Road Company from forming a connection with the Central Ohio rail road at Benwood, a place on the Ohio river about four miles southwest of Wheeling.

Thomas W. Bull and sixteen others, white male inhabitants of the first magisterial district in the county of Accomack, in behalf of themselves and other inhabitants of said district, except the dants, applied to the judge of the Circuit court of that county for an injunction against the board of school commissioners of that magisterial district.

This was an action of assumpsit instituted in the Circuit court of Page county by Nancy Campbell against William A. Chapman, to recover the price of a slave alleged to have been sold by the former to the latter. The cause was removed to the Circuit court Rappahannock county; and when it came on there be tried the jury found a verdict for the plaintiff for g-jg]^ punqrec[ dollars, with interest from the date 0f the contract; and the court rendered a judgment accordingly.

In Rebruary 1851, Hannah Mead instituted an action of debt in the Circuit court of Bedford county against the administrators of Thomas Davis deceased, for the sum of one thousand one hundred and thirty-seven dollars and thirty-five cents. The declaration contains four counts, but they are, as to the questions to be reported, substantially the same.

In February 1S51, Hannah Mead instituted an action of debt in the Circuit court of Bedford county against the administrators of Thomas Davis deceased, for the sum of one thousand one hundred and thirty-seven dollars and thirty-five cents. The declaration contains four counts, but they are, as to the questions to be reported, substantially the same.

This was an action of ejectment in the Circuit court of Sussex county, by Alexander Barker and others, nepbews and heirs at law of John Barker deceased, against Nathaniel Raines.

This was a bill in the Circuit court of Jefferson county, by Eli H. Carrell and Margaret his wife against Samuel Gibson and others. And the only question was, whether certain real estate of which Margaret Gibson died seized, passed by her will to Samuel Gibson, or descended to her heirs, of whom Samuel Gibson and the female plaintiff were two. The will was made in October 1837, when the testatrix was possessed of no real estate.

This was art action of debt in the Circuit court of the city of Richmond, in which the Commonwealth for the benefit of Israel Leon, was plaintiff, and William F. Davis was defendant. The action was founded on a bond executed under the attachment law found in the Code, ch. 151, § 8, p. 602, by Charles R. Hawes as principal, and Davis as his surety, upon an attachment issued against the effects of C. D. Arnsthall, a debtor of Hawes.

This was an action of ejectment in the Circuit court of Caroline county by the lessee of John N. Baylor against Daniel Dejarnette in his lifetime, and on his death revived against his devisee John H. Dejarnette.

This was a suit in. equity in the Circuit court of Madison county, instituted by John J. Pratt against his late guardian Uriel Wright and his sureties, for an account of his guardianship and satisfaction of the amount which might be ascertained to be due. Wright had removed from the state of Virginia, and was proceeded against as an absent defendant.

By deed bearing date the 17th of July 1823, Robert Taylor, for divert good causes and considerations, but more especially for and in consideration of natural love and affection, conveyed to his daughter Patty Deshazor four certain young negroes named Daphney, Cassandra, Wiley and Armstead, children of Nelly, and Rachel and Jenny, together with all the future increase of the said three women from and after the date of the deed.

In the year 1823 the late Judge William Daniel borrowed of the president, masters and professors of William and Mary College the sum of five thousand dollars, for which he executed to them his bond with sureties payable on demand, with interest to be paid semiannually until the principal was demanded, and he at the same time executed a deed by which he conveyed to Edmund Christian, the bursar of the college, a tract of land called Broomfield, of some fifteen hundred acres,…

This was an action of ejectment in the Circuit court of “Alexandria county, instituted in April 1848, by the lessee of Moses Hepburn and Arthur Waring and Ju-' lianna his wife, persons of color, against James H. Dundas and others claiming as heirs at law of William Hepburn deceased, to recover a tenement in the city of Alexandria.

In March 1850 Daniel W. McDaniel filed his bill in the Circuit court of Mecklenburg, in which he stated, that in the year 1843 a suit was instituted in the same court in the name of himself and his wife Diannah, the latter by her next friend, against Alexander Dortch and William Baskervill,- the object of which was to recover of Dortch the hires of a negro boy named Asa, and to recover of Baskervill the boy Asa, and also his hires for the time Baskervill had him.

In the year 1840 Ellis Armstrong of the county of Essex departed this life, having made his will, which was duly admitted to probat in the County court of Essex.

. This was an action of ejectment in the Circuit court of King George county, brought by the infant chidren of George Mason Hooe, by their next friend, against George Anna S. Hooe, to recover two tracts of land, called Dissington and Freidland. The plaintiffs claimed under a devise to their father from his father, Alexander S. Hooe. The defendant was the only remaining unmarried daughter of the testator.

This was an action in the Circuit court of Campbell county, brought in January 1851, by Williston Talbott, John Organ, Anselm Lynch and Adam Clement, justices of said county, at the relation of Patsey Depriest, against Lewis Franklin, and upon his death revived against his administrator. The action was founded on the official bond of John Rosser, as executor of Henry Wood, and was against Franklin as one of his sureties.

This was an action of debt in the Circuit court of Campbell county by Williston Talbott, Adam Clement and two others, justices of Campbell county, at the relation of John E. Depriest, trustee of Patsy Depriest, against the administrators of David Calaban deceased, who was one of the sureties of John Eosser as executor of Henry Wood deceased. The facts are stated by Judge Lee in his opinion.

This was an action of unlawful detainer instituted in the Hustings court of the city of Eichmond by Peyton Johnston executor of James McKildoe deceased, against John Darracott, to recover possession of the Powhatan house in the city of Eichmond.

The testator John Bryan, who died in 1807, devised a tract of land to each of his sons John F. and Frederick ; after which his will contains a clause in these words: “It is my will, if my said son John F. Bryan die without issue, that the property heretofore given him shall go to his brother Frederick Bryan, who in that case will lose the land heretofore given him.

By deed bearing date the 3d day of J une 1842, John C. Davis and wife, in consideration of ninety dollars, conveyed to Benjamin Brooke,… Held: that the plaintiffs and the other members of the congregations of the Methodist Episcopal church worshiping at the church-houses in Salem and Rectortown, in the bills and proceedings mentioned, with the ministers duly appointed by the Methodist Episcopal church, for said congregations and church-houses to minister therein, were the…

In June 1825 Fortescue Whittle, as administrator of Conway Whittle deceased, filed his bill in the late Richmond chancery court against William Tazewell, surviving executor of Littleton Tazewell deceased, in which he stated, that on the 24th of March 1803 his intestate let by deed a tract of land in the county of James City called Piney Grove to Littleton Tazewell, to hold from that time until the end of the year 1810; for which Tazewell the lessee covenanted to pay him for…

On the 20th of July 1795 Littleton Tazewell executed to John Bracken and Robert Saunders, executors of James Carter deceased, a bond in the penalty of one thousand two hundred and fifty-three pounds six sMllingsf and seven and a half pence, with condition to pay one-half of that sum on the 1st day of the next January, with interest from the date. Upon this bond there was a credit of two hundred and fifty pounds, under date of October 24th, 1796.

The Richmond and York river rail road company were authorized by the council of the city of Richmond, to bring their road into the city by a route and in a mode agreed upon by the council and the company. This route passed through a lot'purchased by the company of Freeman, which adjoined a lot owned by Lucy Ann Wicker and her children, upon which there was a dwelliDg-house which was rented out by them.

<p>Bill by vendee of land to enjoin the payment of purchase money on the ground of defect of title to a part of the land. The hill states that the adverse claimant bought a part of the land under a sale for taxes, and another part from the attorney of his vendor, and charges generally that the deeds for the land sold for taxes were null and void, and the purchase from the attorney was fraudulent: And he mates his vendor and the adverse claimant defendants. The vendor in his answer charges, and sets out fraud in his attorney and the adverse claimant. The latter was in possession under his deeds, and this was tnown to plaintiff before his purchase. Held :</p> <p>1. The general allegation of fraud in the hill is not sufficient to raise that question.</p> <p>2. That there is no privity between plaintiff and the adverse claimant, and the equity between the latter and the vendor does not arise upon the pleadings and proofs between plaintiff and defendants, and is not therefore the proper subject of a decree between codefendants.</p> <p>3. That the adverse claimant being in possession under his deeds, the question of their validity, independent of the ground of fraud, is proper to be tried in a court of law; -and a court of equity has no jurisdiction to try it.</p>

This was a caveat filed by Paul McNeil and Charles C. See to prevent the emanation of a patent for a tract of land to William Hamilton. On the 10th of October 1849 the caveators entered and located with the surveyor of the county of Pendleton, three thousand acres of land as lying in that county. A part of this land had been entered and located by Hamilton with the surveyor of the county of Pocahontas, in the previous September, as lying in the county of Pocahontas.

Samuel Summers died prior to November 1845, having made his will, which was duly admitted to probat in the County court of Kanawha.

.This was an action of trover in the Circuit court of Ohio county by Wickham and Goshorn against Lewis Martin & Co. The parties agreed, and entered of' record, to waive a trial of the issue in the cause by a jury, and to submit the same to the court, who was to determine all matters of law and fact, and to give judgment accordingly.

This was an action in the Circuit court of Kanawha county instituted in April 1848, by Enos S. Arnold against John D. Lewis. The declaration contained five counts, four of which were in case, and the fifth in trover; and the damages were laid at $ 800. The defendant appeared and demurred to the declaration and each count thereof, and also pleaded “ not guilty And the court sustained the demurrer to .the second count, but overruled it as to the others.

In April 1849 William Kyle and others, devisees of James Kyle deceased, filed with the register of the land office a caveat to prevent the issue of a patent to Orville Anderson and Franklin Clements for a tract of land of one thousand acres in the county of Carroll. The only ground stated in the caveat on which they opposed the issue of the patent is that they claimed to hold the land by an older and better title.

This was an action of debt in the Circuit court of Lewis county, brought in 1846 by Henry O. Middleton, for the use of John Warren’s heirs against George Arnold and others, upon four single bills for one hundred dollars each, given for the purchase of the right of John Warren’s heirs to a certain tract of land in the county of Lewis. The issues were finally made up upon five pleas filed by the defendants in September 1854.

This was a bill filed in the Circuit court of Augusta county by Francis M. Markwood against Patrick Crib-bins for the purpose of setting aside a sale and conveyance of an interest in real estate in the town of Mount Sidney in that county, on the ground of fraud and of gross inadequacy of price; the sale having been made by a young man soon after coming of age, and the subject being the one-third of a house and lot and out lot adjoining the town, in. which his mother was…

This case is a sequel to that of Harnsbarger's adm'r against Kinney, reported 6 Grattan 287. When the cause went back, Kinney filed his bill in the Circuit court of Augusta county, to enjoin the judgment upon various grounds; the first of which was of after discovered evidence.

This was a mandamus issued by the Circuit court of Randolph county, on the motion of Hamilton Stalnaker, to the justices of the County court of Randolph, requiring them to admit to record the report of the surveyor of the county in relation to a tract of land sold by the sheriff for the taxes due upon it. The facts are stated by Judge Allen in his opinion.

This was an action of ejectment in the Circuit court of Ohio county by Bell’s lessee v. Marlow. The plaintiff claimed under a patent to Moses Shepherd, dated the 24th of August 1803, for fourteen hundred and forty-one acres of land lying on the waters of Little Wheeling creek in the county of Ohio. The defendant claimed under a patent bearing date the 1st day of March 1831, for sixty acres.

John Jenkins died prior to June 1835, after having made his will, which was duly admitted to probat in the County court of Preston county. By his will, after giving to his wife for her life a part of the tract of land on which he lived, and to his son Jonathan Jenkins, the land on which he lived, which was a part of the first tract, he says: “Thirdly.

In January 1820 the principal engineer of the Board of public works of Virginia made a report to the board upon a mode of improving the navigation of the James and Kanawha rivers. As to the Kanawha river commencing at the Great falls, which is ninety-four miles from its mouth, the engineer reports upon each mile separately, stating the then condition of the river, and the mode and estimated cost of improving the navigation.

This was an action on the case in the Circuit court of Ohio county by Jacob Amick against Daniel Y. Tharp, to recover damages for an injury done to the plaintiff’s lot in the city of Wheeling, by the obstruction of a drain by which the water from a spring on the plaintiff’s lot, and that which flowed from the surface of the ground after a rain, had been accustomed to run off.

This was an action instituted by George W. Campbell against John White, for the seduction of the daughter of the plaintiff. On the trial, after the plaintiff had introduced evidence tending to prove that the defendant had debauched his daughter, to enhance the damages, he proposed to prove that the defendant had promised said daughter to marry her, and by means of said promise had succeeded in debauching her.

At a court held for the county of Frederick, all the justices of the county having been summoned for the purpose, it was ordered that the sum of four hundred dollars be taxed on the sheriff of the county, to be paid on the first of the next February. At the April ^erm the court for 1853, Thomas A. Tidball was a commissioner to settle the accounts of yyp]jam j)# G-iffieson, for all charges of the county against him as sheriff of the county. And Tidball .

This was an action of ejectment in the Circuit court of the city of Richmond, brought by Isaac A. Goddin against George M. Carrington, to recover possession of a lot in Adams’ Valley, fronting on… Held: may, under the Code of Virginia maintain ejectment in his own name; and also being of opinion that the deed from John and Samuel GJ-.

By deed bearing date the 29th of June 1828, Mrs. Susan Byrd, in consideration of five thousand three hundred and sixty-five dollars, conveyed to Richard Coke, jr. all her right to a tract of land in the county of Gloucester called Abingdon, supposed to contain about seven hundred acres, together with the stocks of horses, mules, sheep, hogs and cattle, and the farming implements; one four wheel carriage and harness; the household and kitchen furniture at Abingdon as it then…

This was a bill filed in the Circuit court of Nelson county by John T. Roberts in his own right and as executor of John M. Roberts, against the other heirs of John M. Roberts, for the sale of a tract of land which was undisposed of by the will of his testator. The court made a decree appointing the plaintiff a commissioner to sell the land, which consisted of a tract of mountain land of about one thousand acres.

These were two actions of debt in the Circuit court of Appomattox county, the first brought in August 1853 by John Johnson, assignee of John H. Johnson, against the administrator of James Brown deceased; and the second by the same plaintiff against the executor of William Isbell deceased. Both actions were founded on the same bond, which was executed to John H. Johnson by William Isbell as principal, and James Brown and William J. Dunn as his sureties.

By deed bearing date the 23d of June 1820, Edmund Humphrey, in consideration of natural love and affection, and for divers other good causes and considerations, granted to his wife Elizabeth Humphrey forever, the tract of land on which he lived, and apparently all his personal property. To have and to hold and enjoy all and singular the said lands, goods and chattels for life. Mrs. Humphrey survived her husband and lived until 1843 or 1844.

By a notice dated January 6th, 1854, Chamberlain & Bacon gave notice to Elias Hale that on the 10th of March they would move the Circuit court of Richmond for a judgment against him for six hundred and twenty-nine dollars and fifteen cents and costs, upon a bill of exchange, &c. This notice was served on Hale on the 7th of January, and was filed in the clerk’s office of the Circuit court on the 16th.

At the April term 1856 of the Circuit court of Charlotte, a paper was propounded for probat as the will of Thomas Ramsey, and the probat thereof was opposed by several of his children. The only question in the cause was, Whether the name of the testator at the commencement of the will, which was wholly written by the testator, was a sufficient sign-, ing under the act, Code, ch. 122, § 4, p. 516?

In December 1846 Hyram Hudson and others, claiming to be next of kin to Jesse Ballow deceased, filed their bill in the Circuit court of Halifax county, in which they state, that after the death of Jesse Ballow a certain paper writing purporting to be his last will was offered for probat in the County court of Cumberland, and probat thereof was refused by the court; whereupon the parties offering said will applied for probat of the same to the Circuit court of Cumberland,…

In May 1848 John E. Penman and Daniel Penman purchased of James Bean two tracts of land in the county of Frederick, for which they were to pay him ten thousand dollars; four thousand dollars to be paid on the 1st of December following, and the balance of six thousand dollars was to be paid in four equal annual payments, with interest from the last date. The object of this purchase was to establish a furnace for the making of iron.

This was a bill filed in the Circuit court of Jefferson county, by Edward Lucas, and afterwards on his death revived by his executors, against Benjamin T. Towner. The bill states that Towner had recovered three judgments against Lucas on three single bills, executed by George Reynolds, Jacob W. Reynolds, Joseph McMurran, Conrad Billmyer and himself.

This was an action on the case in the Circuit court of Franklin county by Elijah Hodges against Charles ■ C. Lee, for the seduction of the plaintiff’s daughter.

This was an action of debt upon a bond for five hundred dollars in the Circuit court of Louisa county, brought in June 1854 by James P. Hopkins’ executor against Robert B. Watkins. The defendant appeared and tendered five special pleas, which were objected to by the plaintiff, and rejected by the court; and the defendant excepted. The substance of the pleas are stated in the opinion of Judge Lee.

At the April term 1854 of the Circuit court of the city of Bichmond, Edwin Cocke was indicted for forgery. The first count was for the forgery of an endorsement of the name of J. V. Crawford upon a paper purporting to be a negotiable note for the sum of ninety-five dollars and six cents, bearing date the 16th day of April 1852, payable to Crawford, or order, four months after date.

This was an indictment against Calvin Hunt in the Circuit court of Mercer county, for the larceny of a bank note. The case is stated by Judge Allen in his opinion.

John Hooker was indicted in the Circuit court of Patrick county for burning three houses, one of them, an unoccupied dwelling-house, the property of Spencer F. Nowlin, situated in the county of Patrick. The case is stated by Judge Samuels in his opinion.

At the October term 1853 of the Corporation court of Fredericksburg-, Franklin Slaughter was presented by the grand jury for that he did, on, &c., at, &c., establish and keep an office and transact business as agent of the Protection insurance company of Hartford, incorporated and authorized by the state of Connecticut, without having a license therefor, against the act, &c. *The defendant demurred to the presentment, but the demurrer was afterwards withdrawn, and issue was…

At the September term 1854 of the Circuit court of Shenandoah, Noah J. Burner was indicted for keeping an ordinary at his house in said county without having obtained a license to do so. There was a verdict and judgment for thirty dollars against the defendant: Whereupon he applied to this court for a writ of error, which was allowed. The case is stated by Judge Samuels in his opinion.

At the November term 1852 of the Circuit court of Prince George county, the grand jury presented Charles Bishop for playing at cards for money on a Sabbath, at or near Old Shop meeting-house in that county, within the preceding six months, contrary to law. On this presentment there was a summons to Bishop to show cause why an information should not be filed against him.

Joseph Nax was presented by the grand jury of the Corporation court of Fredericksburg, for that he “ unlawfully did sell music not manufactured by the seller within this state, without having a license therefor according to law.” He pleaded “ not guilty,” and on the trial of the case the jury found him guilty, and assessed his fine at eighty dollars. Fax thereupon moved the court to arrest the verdict, upon the ground that there was no offense charged in the presentment.

At the November term for 1853 of the County court of Lewis county, John Gr. Jackson was indicted for an assault and battery upon John Flanigan. Upon this indictment process was issued; and at the March term of the court for 1854, he appeared and put in the plea of “ not guilty;” on which an issue was made up.

William Richards was indicted in the Circuit court of Henrico county at its April term 1856, for larceny in stealing a gun, a bird bag and a powder flask, the property of Stephen B. Sweeney. At the same term of the court he was tried and convicted, and the jury fixed the term of his imprisonment in the penitentiary at one year. The prisoner then moved the court for a new trial; but the motion was overruled, and sentence was passed upon him; and he excepted.