Volume 18 — Virginia Reports

This was a case of unlawful detainer, in the county court of the county of Alexandria, brought in August, 1858, by George Kephart against Walker R. Millan, to recover a house and lot in the said county, rented by Kephart to Millan for four years ending on the 1st of March, 1859. The case came on to be tried in January, 1859, when the defendant asked the court for. several instructions to the jury; which were refused. And he thereupon excepted.

These were motions in vacation before the Judge of the Circuit Court of the city of Richmond to quash three alias writs of fieri facias which issued from the clerk’s office of that court in favor of the Commonwealth of Virginia; two of them against C. W. Watkins, sergeant of the town of Dan-ville, and James M. Walker, W. W. Keen and Edward D. Withers, as his sureties, and the other against the said Watkins and William P. Graves, W. W. Keen and J. J. Hankins, as his sureties.

On the 14th of August, 1839, John Bittle-john sued out a subpoena in chancery from the clerk’s office of the Circuit Superior Court of Daw and Chancery for the county of Henrico and city of Richmond,… Held: and if held, whether Colonel Bondu-rant was present; with any matter specially stated deemed pertinent by himself, or which might be required by the parties to be so stated.

This was a petition to this court by James Lawhorne for a writ of habeas corpus. The petitioner stated in his petition, that he was confined in the penitentiary under a sentence of the county court of Nelson county, for grand larceny.

These three oases were heard together in this court. The questions involved in them .are the same. The cases of Martin v. Snowden and Bennett v. Hunter are cases of unlawful detainer, brought by Snowden, as trustee of Mrs. Bliza T. Howie, against Martin, and by Hunter against Bennett, and the case of Portner & Recker v. Cazenove, is an action of ejectment brought by Cazenove against the appellants; all of them in the Circuit Court of the county .of Alexandria.

In June, 1865, Fliza D. Scott filed her bill in the County court of Stafford county, which was afterwards removed to the Circuit court of the county.

This was a suit in equity in the Circuit Court of Fairfax for the specific execution of a contract, by Wait Broughton against Francis Coffer. Held: and was going off; and that he did move out of the county. That notwithstanding these facts, he still fails and refuses to make the plaintiff the deed for the balance of the land; and that the plaintiff is now inclined to the opinion that Coffer designed to impose upon him, he being a stranger, and confiding in what he said.

This was an action of debt in the Circuit Court of the city of Richmond, brought by Woodward, Baldwin & Co. against E. W. Glazebrook and Roster & Co. to recover the amount of two bills of $1,000 each, drawn by Glazebrook by his agent in March, 1862, upon Connolly & Co., of New York, in favor of R. R. Roster & ■ Co., and endorsed by them to the plaintiffs, and protested for non-acceptance.

In August, 1866, John Hagan filed his bill in the Circuit Court of the city of Richmond against the administrator of George W. Mettert deceased, and others, in which *he stated, that in July, 18S9, George W. Mettert, by deed which was 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 in two suits pending therein.

A forthcoming bond given by John P. Ballard as principal, and Thos. 33. Ballard and J. B. Watkins as sureties, on an execution which issued from the clerk’s office of the Circuit Court of the city of Richmond, in the name of Charles S,.

By deed bearing date the 19th of September, 1860, G. A. W. Taylor conveyed to James M. Taylor and John Binders 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 R. Anderson, that on the 12th of February, 1867, he would move the Circuit Court of the city of Richmond 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 *the 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 Mid-lothian 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'®. F. 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.

In December, 1866, the City of Richmond filed a bill against E. W. DeVoss, R. H. Maury & Co. and Asa Otis, in which it was stated that there were then outstanding two bonds of the… Held: that the bond held by DeVoss constituted no binding and valid obligation upon the City of Richmond ; and that the complainant be forever quieted and acquitted from all' claims or demands by reason of the same. From this decree, DeVoss applied to this court for an appeal, which was allowed.

In January, 1851, James M. Bowyer and Ruth J., his wife, filed their bill in the Circuit Court of Albemarle county, in which they set out, that Achilles Wood, the father of the female plaintiff, departed this life about the year 1833, having- made a will, which was duly admitted *to probate in the county court of • Albemarle. That he left a widow and two infant daughters; the female plaintiff and Rhoda, who mariied George Hill.

On the 15th of January, 1866, Jane R. Dearing, executrix of William Dearing, brought an action of debt against A. B. Rucker, in the Circuit Court of Lynchburg, *on a bond for $3,822.74, dated 14th June, 1862, payable on the 1st of January, 1863, with interest at the rate of 4 per cent, from the date.

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.

After the termination of the late war, the banks of circulation in the State were insolvent; their remaining assets were not sufficient… Held: that the act required a ratable distribution of the assets of the bank among all the creditors not having specific liens upon the property of the bank; and that the plaintiff and others, who made deposits prior to the 1st of January, 1862, were entitled as general creditors of the bank to share in the distribution of the assets under…

This was an action on the case in assumpsit in the Circuit Court oí the city of Richmond, brought by William B. Jones and Richard L/. Brown, merchants and partners trading tinder the name and style of W. B. Jones & Co., against the city of Richmond, to recover the value of a quantity of liquor destroyed by the order of the Council of the city on the morning of the 3d of April, 1865. The declaration contained two special counts, and the common counts in assump-sit.

*This was a bill filed in the Circuit Court of Eauquier county by Malcolm B. Washington, as the administrator of Temple M. Washington deceased, and also as administrator of Mary D. Washington, claiming a portion of a fund of ¿£1,000, bequeathed by George Ritzhugh. The will of George Ritzhugh bears date April 7th, 1818, and was admitted to probate April 29th, 1823. The case is fully stated by Judge Joynes in his opinion.

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 will *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 Alexandria.

The first of these eases is a bill for an injunction by William R. 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.

This was a bill filed in the Circuit Court of the city of Richmond by Boswell & Dorsett against J. B. Charron & Co. and others. This case involves a contest between execution creditors of a common debtor for priority of satisfaction out of the proceeds of a chose in action of the debtor, on which both of the contestants claim a lien under chapter 188, sec. 3 *of the Code, page 777.

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

By deed bearing- date the 18th of June, 1840, Buey Nelson Call and Ann Cameron, the widow and the only child and devisee of Daniel Call, deceased, conveyed to Philip St. George Ambler and Wm.

By deed bearing’ date the 30th of November, 1866, William! H. Rogers, James I).

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 Westmore-land, brought in October, 1866, 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. V. 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 bill 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, 1866, 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 Mon-cure, 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…

*In February, 18S4, the General Assembly of Virginia passed an act to incorporate the Alexandria and Washington Railroad Company, with authority to construct a railroad from Alexandria to the city of Washington, with a capital of three hundred thousand dollars, subject to all the provisions of the Code of Virginia applicable thereto.

This was a proceeding upon a warrant of distress for rent issued by a justice of the peace for the county of Alexandria, in April, 18G7, at the suit of R. M. & J. M. Smith against David Turner. The warrant was levied and Turner gave a forthcoming bond, which was forfeited *and returned to the clerk’s office of the county court of Alexandria.

*On the 10th of April, 1867, H, B. Clafiin & Co., wholesale dry goods merchants of New York, sued out of the clerk's office of the Hustings Court of the. city of Richmond a writ in case, against J.… Held: that the attachment was issued upon false suggestions and without sufficient cause, and rendered judgement that the attachment be abated. To this judgment of the court the plaintiffs again excepted; and the whole evidence was spread upon the record.

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.

This was an action of debt in the Circuit Court of New Kent county, brought in September, 1866, by Robert Drake’s ex’or against O. M. Chandler, James M. Apper-son and Wm. C. Cooke, on a bond for $1,454.58, in which they were obligors with R. B. Chandler, deceased, who signed himself as security. The defendants put in two pleas of usury, to the second of which the plaintiff demurred; and the court sustained the demurrer.

*At the May term for 1866 of the Circuit Court of Halifax county, the grand jury- made a presentment against William J. Old, in the words following; “We present William J. Old, a constable of the first magisterial district in the county of Halifax, for this, that he did on the 7th day of September, 1865, in the county of Halifax, then and there acting as constable as aforesaid, and authorized by law to serve legal .process, unlawfully receive twenty-five dollars from James…

At the May term 1867 of the Circuit Court of Pittsylvania county, William P. Jett was indicted, for feloniously uttering and attempting to employ as true a forged bank note of one of the national banks.

At the March term, 1867, of the Circuit ■Court for the county of Warwick, the grand jury found an indictment against Robert Kemp, Charles Press, Abel Williams, Harrison Young and James Chapman, freedmen, for the murder of John Wootten. At a special term of the court in June, 1867, the attorney for the commonwealth entered a 'nolle prosequi as to James Chapman; and he was discharged.

At the March term of the Circuit Court of the county of Warwick, Samuel Trim was indicted for the murder of John Woot-ten. When brought into court, before pleading, he moved the court to quash the indictment upon the same ground stated in the preceding case of Kemp and others. And it appears that he was committed at the same time, and examined and sent on to be tried at the same time that they were. The court overruled the motion; and he excepted.

At the September term, 1867, of the County court of Fairfax, the attorney for the Commonwealth, upon his oath of office, filed an information against Samuel Matthews and Cordelia Garner for the murder of Thomas Garner. Thomas Garner was the husband of Cordelia, and they were negroes. When brought into court, they demanded to be tried before the Circuit Court; and in the Circuit Court they elected to be tried separately.