Volume 18 — Grattan's Virginia Reports

In August, 1866, John Hagan filed his hill in the Circuit Court of the city of Richmond against the administrator of George W. Mettert deceased, and others, in -which stated, that in July, 1859, George W. Mettert, by deed wag exhibited with the bill, conveyed to the plaintiff his interest in the estate of Dr, John H. Mettert deceased. That this estate had been sold and invested under the discretion of the court m two suits pending therein.

A forthcoming bond given by John P. Ballard as principal, and Thos.

By deed bearing date the 19th of September, 1860, G. A. W. Taylor conveyed to James M. Taylor and John Enders a house and lot at the corner of Clay and Tenth streets, in the city of Richmond, which John M. Gregory had conveyed to Taylor, to secure the payment of thirteen thousand two hundred and ninety-nine dollars and fifty-five cents, due by ten negotiable notes bearing even dates with said deed, and payable each at six months after the next preceding; it being for the…

In January, 1867, the Auditor of Public Accounts gave a notice to Charles W. Purcell and Joseph E. Anderson, that on the 12th of February, 1867, he would move the Circuit Court of the city of Eiehmond for a judgment against them for five hundred and sixteen dollars and seventy-two cents ; that being the amount of one per cent. of the gross receipts of the National Express and Transportation Company for doing business in this State, from th® 1st of January, 1866, to the 1st…

In May, 1866, a decree was made in three causes depending in the Circuit Court of Henrico county, one in the name of Finney and others against Heth’s administrator and others, one in the name of Gwathmey’s executor against the same defendants, and one in the name of Barksdale and others against the same defendants, by which a commissioner of the court was directed to enquire and report to the court the amount due in the present currency from the Midlothian Coal Mining…

This was a motion in the Circuit Court of Fauquier county, by B. F. Rixey against Charles H. Utterbach and two others, for execution upon a forthcoming bond; and a cross motion by Utterbach against Rixey to quash the forthcoming bond. The only ground of the last motion was that the execution under which it had been taken was sued out in violation of the statute, called the stay law.

This was an action of covenant in the Circuit Court of the city of Richmond, brought by James T. Butler against E. E. Ragland and N. H. Ragland, partners under the name and style of Ragland & Co., to recover the value of a quantity of lumber contracted to be sold by Butler to Ragland & Co.; and which they refused to receive, on the ground, as they alleged, that it was not such as the contract provided for.

This is a supersedeas to a judgment in an action of unlawful detainer, brought by James G. Paxton, trustee for Rachael E. M. Buckner, against Samuel D. Williamson, trustee for Marian R. Williamson, to recover possession of a tract of land called Oakland, lying in Campbell county, near Lynchburg.

Thomson F. Mason, of Alexandria, departed this life about the 21st of December, 1838, leaving a will which was duly admitted to probate in the Orphans’ Court of the county of Alexandria; that county then being a-part of the District of Columbia. By the first clause of his wil^ he directed all his just debts to be paid. The remainder of the will is as follows : Secondly.

In the year 1865, Sally W. Griffith, of the city of Alexandria, departed this life, having made her will, which was duly admitted to probate in the County Court of Alexanandria.

The first of these cases is a bill for an injunction by William E. Wade and others, in which they allege that they are citizens, tax-payers, property-holders, and voters in the county of Henrico, beyond the proposed boundary of the city of Richmond; and that they are also creditors of the county.

In September, 1866, William D. Nutt, trustee, instituted a proceeding of unlawful detainer in the Circuit Court of Alexandria county, against Y, P. Corbett, to recover a tract of sixty acres of land lying in that county.

This was an action of debt in the Circuit Court of the City of Richmond, brought in March, 1866, by W. W; Crump against Silas Omohundro’s executor, upon a negotiable note for $1,714.66. Plea nil debit; and issue. Upon the trial, the parties waived a jury, and submitted the whole case to the decision of the court; and they agreed the facts.

This was an action of covenant in the Circuit Court of the county of Westmoreland, brought in October, 18G6, by Wm. Boulware against Willoughby Newton, to recover the amount of a bond, which was in the following words and figures. $5,000.

On the 8th of December, 1866, Benjamin Hart moved the Court of Hustings of the city of Richmond for award of execution upon a forthcoming bond which had been executed by J. Y. H. Allen, treasurer National Express Company, M. G. Harman and Thomas Branch, and given under a distress warrant for rent. The distress warrant had been issued at the suit of Hart against The National Express and Transportation Company, and was levied on the property of the company.

In June, 1866, Hart, Hayes & Co., and others, creditors of Henry R. Cronie, filed their hill in the Circuit Court of the county of Henrico, in which, after setting out the indebtedness of Cronie to the plaintiffs, which was for the most part by judgments rendered in the county court of Caroline county, they state that Cronie, who had lived in Caroline county in 1860, had afterwards removed to the county of Henrico, where he had accumulated a large amount of money, which he…

This was a proceeding under the statute in the Circuit Court of the city of Richmond by George Arents against the Auditor of Public Accounts, to recover the amount of a number of coupons for interest due upon bonds issued by the city of Wheeling, and guaranteed by the State of Virginia. They were for interest due upon the bonds, for January and July 1862, 1863, and January, 1864.

This was an action of assumpsit in the Circuit Court of the city of Richmond, brought in June, 18G6, by Weeden, Johnson & Co., merchants in Baltimore, against G. M. & M. Rosenbaum of Richmond, to recover a balance due upon some dry goods which the plaintiffs alleged they had sold to the defendants, and that the defendants had improperly returned to them. The case is fully stated by Moncure P. in his opinion.

This was an action of debt in the Circuit Court of Northampton county, brought by William Churn against John H. Powell, Jackson B. Powell, George S. Powell and Alexander J. Ward, upon a single bill, of which the following is a copy: On demand for value received, we, John H. Powell principal, and Jackson B. Powell, Robert W. Powell, George S. Powell and A. J. Ward, his securities, do hereby bind ourselves, our heirs, executors and administrators to pay or cause to be paid…

These three cases were heard and decided together in this court. They were actions of .debt in the Circuit Court of the city of Richmond, brought respectively by Enders, Sutton & Co., Hill’s ex’or and James Gray’s sons, against Joseph Brummel & Co., upon promissory negotiable notes. In their declarations the plaintiffs declared upon the notes as payees against the defendants as makers thereof. The defendants pleaded usury; on which issues were made up.