Volume 26 — Grattan's Virginia Reports

By an ordinance of the council of the city of Richmond, it was ordained that on and after the first day of January 1874, no car, engine, carriage, or other vehicle of any kind, belonging to or used by the Richmond, Fredericksburg and Potomac Railroad Company, shall be drawn or propelled by steam upon that part of their railroad or railway track on Broad street east of Belvidere street in said city, under a penalty of not less than one hundred nor more than five hundred…

<p>i. Registry Laws—Deeds of Trust.—By the act of January 16,1867, amending and re-enacting § 5 of ch. 119 of the Code of 1860, deeds of trust &c. are to be recorded in the clerk’s office of the county or corporation court within the jurisdiction of which the real estate conveyed &c. is situated.</p> <p>3. Same—Same—Hustings Court.—By the charter of the city of Lynchburg jurisdiction is given to the court of Hustings for said city, not only within the limits of the corporation, but also for the space of one mile without and around said city. A deed of trust conveying real estate lying outside the corporation limits, but within one mile without and around said city, is to be recorded in the clerk’s office of the corporation court of the city. And being so recorded it is valid, and has priority over subsequent judgments against the grantor in the deed docketed in the clerk’s office of the county court.</p>

In June 1868 Patrick Belton filed his bill in the Circuit court of Richmond, in which he states, that in April 1866 he received as. a loan the sum of $1000, from, as he believed at the time, one Parker Campbell, for which .he gave his negotiable note for $1300, payable one year after date, secured by a deed of trust; *which he exhibits with his bill.

This was an action of assumpsit in the Coloration court of the city of Norfolk, brought by W. H. C. Ellis against the city of Norfolk, to recover the sum of $874.11, which he paid under protest, as the amount assessed upon a lot on Wood street in the city, owned by the said Ellis, for the paving of said street. The parties agreed the facts, and dispensing with a jury, submitted the whole case to the decision of the court.

Robert Gregory of Mecklenburg county, died, in 1856, leaving a widow and one child, RosaB. Gregory,an infant. By his will he loaned to his widow all his *estate, both real and personal, until his daughter was eighteen years of age, for the support of herself and her daughter, unless his widow should sooner marry; in which event he gave her certain slaves named absolutely.

In December 1854 Joseph W. Mason, of the county of Suffolk, died, leaving a widow and one child, an infant, named Rucy.

At the August term 1873 of the County court of *Rockingham, on the motion of the Washington, Cincinnati and St. Nouis Narrow Gauge Railroad Company, commissioners were appointed to ascertain the damages which would be sustained by D. M. Switzer and others by the passage of the road of the company through their lands. In October 1873, the commissioners made their report, by which they fixed the amount to be received by Switzer at $1,250.

<p>The case is stated in the opinion of the court delivered by Moncure P.</p>

This is a sequel to the case of Wren v. Commonwealth, reported in 25 Grattan 989. On the second trial, after all the evidence had been introduced, the attorney for the commonwealth asked the court to give to the jury three instructions, which the court gave; and the prisoner excepted. But as they were not considered by this court, it is not necessary to state them.