Volume 16 — Virginia Reports

This was a motion in the Circuit court of Fauquier' county, by the commonwealth against the administrators with the will annexed, of John Fox, deceased, to recover the tax on collateral inheritances, imposed by the 15th section of the act of March 2, 1854, entitled 1 An act imposing taxes for the support of government,” Sess.

This was a bill filed in March, 1848, in the Circuit court of Kanawha county, by Richard K. Cralle against Joseph and Thomas R. Friend’, Samuel II. Early and wife, and others, asking for an account of the rents, issues and profits of a certain salt property and a tract of land in the county of Kanawha, which the Friends owned as tenants in common with the plaintiff and the other defendants, and of which the Friends had held exclusive possession.

This was an action of ejectment in the Circuit court of. Smythe county, brought by John Anderson against A. J. Blankenpiclder. Pending the action Anderson died, and it was revived in the name of his heirs. There was a verdict and judgment for the plaintiffs; and the tenant obtained a writ of error.

This was an action for trespass on the case in the Circuit court of Randolph county, brought in August, 1856, by William J. Harper against Solomon Parsons. The declaration contains eleven counts, the first of which is as follows:

Tliis was an action of slander, brought in April, 1858, in tlie County court of Rockbridge, by William Wilmoth against John Hogan. The declaration contained two counts.

<p>In an action of debt against maker and prior endorsers of a negotiable note, they plead jointly nil debet and usury. Before the trial the maker confesses a judgment, and there is final judgment against him; and the two prior endorsers release him from all liability to them. As the maker is liable to the two last endorsers, under the act, Code, ch. 146, § 6, p, 587, for five per cent, demages for any amount of the debt they may have to pay, he is not a competent witness for the defendants to prove usury.</p>

This was. an action of debt in tbe County court of Augusta, instituted in January, 1857, by George Baylor against Robert A. Hogsett, as maker, and John W. Hogshead, J. M. Mills, H. C. Hogsett, and John Crawford,, as endorsers of a negotiable note for one thousand dollars. The defendants joined in the pleas of “nil debet” and usury, on wbicb issues the case was tried.

This was a bill for the specific performance of a contract for the sale of land filed in April, 1858, in the Circuit court of Augusta county, by Margaret S. Calhoun and others against Henry L. Hoover.

This was a bill of interpleader filed in the .Circuit court of Scott county by John C. Brickey against Hasel■tine & Walton, E. A. Millard and others. Haseltine & Walton had brought two actions of debt against Nathaniel M. Hicks in the County court of Scott county; and pending these actions Hicks removed to the State of Tennessee. The plaintiffs then sued out-attachments in their actions, and on the 29th of January, 1856, Brickey was summoned as a garnishee.

This was an action of debt in the Circuit court of Pocahontas county, brought by The' President, Directors and Company of the Freeman’s Bank, an institution incorporated by the laws of Massachusetts, endorsers of Emery, Haughton & Co., against John H. Buckman, to recover the sum of $2500.

This was a supersedeas to a judgment of the Circuit court of the city of Richmond, rendered on the 25th of February, 1860, in favor of the Commonwealth against Thomas K. Davis, sheriff of Prince William county and his official sureties. The facts are stated by judge Alien, who delivered the opinion of the court.

Tliis was an action in the Circuit court of tlie city of Norfolk, brought in the name of Henry A. Wise, Governor of Yirginia, for the benefit of the State and ’of Joseph Y. Brough, against Levi Baker, as captain of the schooner Nymphus O. Hall, to recover from him the penalty imposed by the first section of the act of March 17, 1856, entitled “An act providing additional protection for the slave property of citizens of this Commonwealth,” Sess. acts 1855-6, p. 38, for…

This was an action of assumpsit in the Circuit court of the county of Alexandria, by Thomas A. Brewis, executor of John Lawson deceased, against Isabella Lawson. The declaration contained only the common counts, and whilst it commenced in the name of Thomas A. Brewis, executor of John Lawson, it charged that the defendant was indebted to the plaintiff, and promised to pay the plaintiff. The defendant pleaded “non assumpsitand on the trial demurred to the evidence.

Tliis was an action of detinue in the Circuit court of Amherst county, brought to the spring term of the court for 1855 by Poindexter P. Smith, administrator of Robert T. Norris deceased, against George Layne, to recover a slave named Tina.

Iii 1837 Azariah Graves, by 'will, gave certain slaves to Barzillai Graves for life, and at his death to be equally divided among all his children; one of whom was Sarah F. wife of James W. Henry.

In February 1853, tbe Farmers Bank of Yirgiuia sued out of tbe clerk’s office of tbe Circuit court of tbe city of Lynchburg, two executions against tbe goods and chattels of John J. Purvis and others; and upon these executions tbe sergeant of tbe city returned that they bad been levied upon a lot of dry goods, tbe property of J. J. Purvis, found in bis storehouse on Main street in tbe city of Lynchburg.

Edmund P. White, of the county of Caroline, died about the year 1856, leaving a widow and four infant children, and possessed of a’large -real estate of eleven hundred and fifty acres, some forty slaves, and stock, farming implements, &c., suitable for such an estate, hank stock, &c. Woodson Wright qualified as administrator upon the estate, and acted as such until his health failed, and he was succeeded by P. L. Marye.

In June 1856, Henry A. II. Ferguson and others filed their petition in the County court of Halifax county contesting the election of James R West, as sheriff of the county.

A marriage being about to take place,-between Thomas P. Mitchell and Virginia P. Harvey, a deed bearing date the 14th day of November, A. D., 1849, was executed by the parties and Win. M. Harvey, by which after reciting the intended marriage, and that Miss Harvey was possessed of real estate, slaves and other personal property, all of said property was conveyed to her brother William M. Harvey, upon the following trusts&emdash;“in trust for the said Virginia JB.

This was an action of debt in the Circuit court of Accomack county, brought by Charles St. John Chubb surviving partner of the firm of Chubb brothers, against -Thomas H. Bayly in his lifetime, and upon his death revived against William T. Joynes administrator with the will annexed of said Bayly. The action was against the defendant as endorser on a note in the following words: $1200. Washington, May 24, 1854. Ninety days after date I promise to pay to Thomas TI.

This was an action of debt in the circuit court of the county of Alexandria, brought in September 1852, by John L. Pascoe, administrator de lonis non with the will annexed of Joseph Smith deceased, against John Lloyd, and afterwards revived against his executrix, upon the following paper: “Whereas a suit is now pending in the Circuit court for the county of Alexandria—John Lloyd against the bailiff, Charles Scott, on a writ of replevin, in which Jonathan Schofield claims to…

<p>1. A return upon a summons, “executed in person,” signed by the deputy sheriff with his own name and that of his principal, shows that the summons was actually served on the defendants; and therefore if it is defective the defect can only be taken advantage of by plea in abatement.*</p> <p>2. Quíere: If a return upon a summons of “executed” merely, would be held to show it was served on the parties,</p>

This was a bill filed in the Circuit court of Culpeper county, by Armistead and Fountain Beckham, two of the legatees of John Beckham deceased, against Johathan 0. Gibson, as administrator with the will annexed of John Beckham, and his sureties in his official bond, for a settlement and distribution of tbe testator’s estate The only question in the case of any general importance, was whether the sureties in Gibson’s official bond were liable for his acts.

This was an action of ejectment in the Circuit court of the city of Richmond, brought by Caroline L. Goodwyn and others againts George Myers, to recover a lot of land near Rocketts.

This was a suit in chancery brought in the Circuit court of Lunenburg, and afterwards removed to the Circuit court of Nottoway, by Anderson B. Bradshaw and Susan Ms wife, and some twenty-five others, grandchildren of William Hines deceased, against Lewelleii Jones.

On the 21st day of January 1857 the Insurance Company of the Valley of Virginia sued out from the clerk’s office of the County .court of Frederick, a summons in debt against John W. Barley and L. E.- Swartz welder, for $571.00, with interest, and $2.63 costs of protest.

This was an action on the case in the Circuit court of the city of Richmond, by Robert Skipwith and others aSa™s^ Eobert Harvey. The declaration was filed at July rules 1858, and contained two counts. InitEobert Skipwith, George FT.

Thiis was an action on the case in the Circuit court of the city of Richmond, brought by Mary Skipwith against Robert Harvey,to recover damages for an injury done to a slave named Jefferson hired by the former to the latter, for the .year 1853.

This was a supersedeas to the judgment of the Oircuit court of Bedford county, admitting to probate a paper writing as the last will of David M. Boy; and it being proved that the paper as well as the endorsement upon it was wholly in the hand-writing of David M. Boy, the only quéstioñ in this court was whether it was so signed by the testator as to make it his will. The paper is obviously written by a very illiterate man.

These were three actions of ejectment brought in the Circuit court of the city of Biehmond, by the appellees against the James Biver and Kanawha Company, to recover certain parcels of ground in the city of Biehmond. The facts 'in relation to the only point decided by this court are stated in the opinion of Judge Moncuee.

This was an action of ejectment in the Circuit court of the city of Eichmond, brought by Anthony Eobinson against the James Eiver and Kanawha Company. The facts are stated in the opinion of Judge Moncure.

<p>The ease is fully stated in the opinion of Judge Moncure.</p>

This was a bill of injunction in the County court of Culpeper, afterwards removed by consent to the Circuit court of that county, filed by James H. Hume against James F. Brown and others. Both Hume and Brown were creditors by judgment and execution of Julius M. Hunt, whose property, taken in execution and sold, was not sufficient to satisfy the- executions in the sheriff’s hands; and the only question, in controversy was the validity of Brown’s judgment.

On the 12tli and 17th of February 1864, J. B. F. Burroughs and L. P. Abrahams applied to this court by petition, setting out that they were held in custody by Major T. J. Peyton commanding at Camp Lee near the city of Bichmond, as conscripts.

At the March term 1860, of the Hustings court of Lynchburg, Spotswood Eider was indicted for feloniously stealing, in October 1859, one axe of the value of fifty cents.

At the June term 1857, of the Circuit court for the corporation of Lynchburg, the grand jury found an indictment against .Robert Bradshaw for keeping and exhibiting a certain gaming table called a faro bank, “ a true bill.” And at the same term Bradshaw appeared, and pleaded “not guilty” to the indictment; and on his motion the case was continued until the next term.

In the Circuit court of the eounty of Franklin at its May term 1861, Edwin C. Booth' and James Smith were presented for gaming. They appeared at the Oetober term of the court and pleaded in abatement that Christopher Taylor, one of the grand jury whieh made the presentment, was over the age of sixty years, and by reason thereof not qualified to serve on the said grand jury.

On the 18th of February 1861, Harvey Wash was indicted hy the grand jury of the Hustings conrt of the city of Richmond, held hy the judge thereof, for feloniously uttering and attempting to employ as true, to Richard Emmerson, one piece of false, forged and base coin, forged to the likeness of a quarter eagle, a gold coin current by law and usage in this State, he knowing the same to be false and forged, with intent to defraud, &g. Upon the motion of the prisoner the trial…

This was an indictment against Thomas Samanni in the Hustings court of the city of Richmond, held by the judge thereof, for that he did with other white persons, to the number of three or more, imlawfully and riotously assemble themselves together to disturb the peace of the commonwealth. And being so unlawfully and riotously assembled together, the dwelling house of one Mina.

At tlie February term 1864, of tbe Hustings court of the city of Richmond, Robert S. Forde was tried for tbe murder of Robert E. Dixon.

In April 1861, Elvira, a slave, tbe property of 0. Eord, was tried before a court of five justices of tbe city of Petersburg, for attempting to poison tbe family of ber master; and tbe court by a majority of tbe justices present found ber guilty, and sentenced ber to be sold and transported beyond tbe Confederate States. Tbe judgment of tbe court recited that one of tbe justices composing tbe court, dissented from tbe opinion and judgment.