Volume 25 — Grattan's Virginia Reports

These were two actions on the case, brought in June 1868 in the Circuit court of the town of Dan-ville, and afterwards removed to Richmond, by James B. Pace against the town of Danville, to recover interest due upon two certificates of debt issued by said town and purchased by said Pace.

This was a suit in equity in the Circuit court of Chesterfield county, brought in March 1856, by Robert Smith and others, the children of Mary C. Smith, and grandchildren of William Womack, against Wilkins Hall, to recover from Hall a negro woman named Martha and her children. The plaintiffs claimed that their grandfather, William Womack, had by his will left the slave Martha to their mother, Mary C. Smith, for her life, and at her death to her children.

These were actions of covenant in the Circuit court of the town of Danville, brought by Berryman Green, administrator of Morris Pollock, deceased, one against William T. Sutherlin, and the other against A. S. Buford. Both actions are founded on the same award. The defendant, Sutherlin, filed a plea, denying that a valid award had been made by the arbitrator, to which the plaintiff' replied specially; and to this special replication the defendant demurred.

D. Humphreys was the duly authorized agent of the Life Association of America, (a foreign insurance company,) for the city of Norfolk; and this company had complied with the provisions of the laws of this state applicable to such companies, and had paid the state license tax therein required.

This was a bill filed in May 1871 in the Corporation court of Alexandria, by Anthony Moran against George W. Brent, trustee, and others, to enjoin the sale of a house and lot in the city of Alexandria, under a second deed of trust.

Samuel Miller, of the county of Campbell, died on the 27th of March, 1869. He had never been married, and his only brother had died before him. He left a very large estate, both real and personal. His real estate was estimated at $75,000, and his personal estate, consisting almost entirely of public bonds, was appraised at $1,250,150.92.

This was an action of ejectment in the Circuit court of Patrick county, brought in August 1869 by Hardin W. Reynolds against Christopher C. Nowlin, to recover a tract of sixty-four acres of land lying in that county.

This was an action of debt in the Circuit court of Frederick county, brought in April 1870, by the Bank of the Valley for H. G. Fant, receiver, against James. Marshall, as endorser upon two negotiable notes,, amounting to $1,100, and costs of protests, $5.56., On the 17th of June 1870, the defendant pleaded payment, with notice of set-off; and filed with his plea notes of the bank to the amount of the debt.

By deed bearing date the 21st day of July 1856, and duly recorded in the clerk’s office of the County court of Augusta county, Samuel B. Brown, in consideration that his wife, Mary Ann Brown, united with him in conveying a valuable real estate of her own and her dower in his real estate, .conveyed to Thomas J. Michie and William H. Harman, a tract of two hundred acres of land in said county, upon trust that the said trustees should permit the said Mary Ann Brown and her…

This was an appeal by Henderson M. Bell, executor of Peter Crickard, deceased, from a decree of the Circuit court of Augusta county, made on the 22d of Hovember 1872, in a cause in which he was plaintiff and the widow and legatees were defendants. The case is fully stated in the opinion of the court, delivered by Judge Christian.

William D. Ewing, Rebecca D. Ewing, Elizabeth A. Ewing and Mary A. Ewing were the owners of a tract of land of four hundred acres, in the county of Augusta, called Riverton; each owning one undivided fourth part thereof. Previous to the 1st of April 1863 Rebecca D. Ewing and Elizabeth A. Ewing contracted to sell the whole of said tract of land to B. E. Kemper for •$30,000 cash.

In the year 1857, David G-. Wise sold to Alexander G-. McChesney certain real estate in the county of Bath, at the price of $4,100; of which $1,000 was paid in hand, and for the residue three bonds of the purchaser were given, viz: for $1,000, payable January 1st, 1858; for $1,100, payable January 1st, 1859; and for $1,000, payable January 1st, I860.' The vendor executed to the purchaser a title bond binding himself to make a good title to the land upon the payment of all…

In May 1872 the Valley Railroad Company moved the County court of Augusta to appoint commissioners to ascertain a just compensation for the lands of William Crawford, wanted by said company for its purposes, in the county of Augusta; and thereupon commissioners were appointed for the purpose.

This was a suit in equity in the Circuit court of Rockbridge county, instituted in June 1859 by Abraham Lavell against William M. Gold’s administrator, to set up and recover the amount of a bond for $1,701, which the plaintiff alleged William M. Gold had executed to him on the 5th of September, 1856, and which he had lost in October 1858; and upon which there was endorsed a credit for $400, and another for •$200.

Henry Hawpe, of the county of Augusta, died in March or April 1859, leaving a will which was duly admitted to probate in the County court. He left two daughters, M. A. McKee and Elizabeth Steele, and he appointed David Blackwood his executor, and also trustee to carry out the wishes of his will.

This was an a.ction for slander, brought in June 1866 in the Circuit court of Botetourt county, by Bichard Stinnett against Ann S. Gorgas. Pending the action in the Circuit court, the defendant married Hiram Hansbrough, and he was made a defendant. The declaration contained seven counts, charging the slander to have been uttered in February 1864. The defendants demurred to the declaration and each count thereof. But the court overruled the demurrer.

This was a suit in equity in the Circuit court of Frederick county, instituted in February 1866, by Thomas J. Skinker and Ann Eliza his wife, who before her marriage was Ann Eliza Hite, against Philip Williams, executor of James M. Hite, Sr., deceased, and others, to recover the amount due to Mrs. Skinker under the will of her father, the said James M. Hite, deceased.

This case was argued in Staunton and decided in w Richmond. It was a suit in equity in the Circuit court of Augusta county, brought in October 1870, by Benjamin C. Patterson and others, creditors of Braxton Davis, deceased, against his widow and ehildren, to set aside a deed executed by said Braxton Davis, conveying to a trustee two tracts of land for the benefit of Mrs. Davis for her life and then to their children, in consideration of her joining in conveying his other…

This was a proceeding of unlawful detainer in the Circuit court of Northampton county, instituted the 3rd day of June 1874, by Sallie and Eliza Tazewell against Joseph P. Power and Benjamin Kellog, to recover the possession of certain oyster grounds situated on Old Plantation creek, opposite the lands of the plaintiff'.

The surviving partners of the firm of Kent, Paine & Co. applied to this court by petition for a mandamus to the Honourable Asa D. Dickinson, judge of the Circuit court of Charlotte county, to compel him to hear and decide a case which had been sent by the Court of Appeals to his court. The case is stated by Judge Christian in his opinion.

<p>The case is sufficiently stated in the opinion of •Judge Staples.</p>

<p>The case is sufficiently stated in the opinion of Bouldin, J.</p>

Richard Sampson, of the county of Goochland, died in 1864. He left a will which was made in August 1855, and a codicil which was made in September 1863. By the first clause of his will he gave to his wife Mary Sampson $20,000, to bear interest from his death, payable semi-annually, till the full discharge of the principal; also a carriage and horses, and two slaves. He gave to each of his four grandchildren, children of his late son the Bev.

In March 1874, William D. Coleman was indicted in the Hustings court of the city of Richmond, for that on the 31st of December, 1873, he was secretary of the commissioners of the sinking fund, the said sinking fund having been authorized, &c.; “ having acquired possession in some manner and by some means, to the jury unknown, of a certain record, the sanie then and there being and remaining as a public record of the commonwealth of Virginia, in the office of the second…

I11 December 1873 Leftwich Stoneman was indicted in the County court of Carroll county for the murder of Annuel Edwards, Jr., and was sent to the Circuit coui’t of the county for trial. In April 1874 the trial came on, and he was found guilty by the jury, and the term of his confinement in the penitentiary was fixed at nine years, and the court sentenced him in accordance with the verdict.

In July 1873, Lycurgus Little and Oscar P. Little # t were jointly indicted in the County court of Clarke-county for the murder of their brother Clinton L. Little. The prisoners pleaded “not guilty,” and elected to be tried separately, and to be tried in the Circuit court of the county. , In October 1873, the case of Lycurgus Little was taken up for trial; and on the empannelling of the jury, the prisoner objected to William A. Riely’s forming one of the panel.

This was an indictment in the Hustings court of the -city of Bichmond, against Henry Jordan for the robbery of Elijah Priddy of a pistol. Priddy lived in the county of Henrico, beyond the limits of the city, but within one mile of the corporation line, and the robbery was charged to have been committed at bis house.