Volume 33 — Virginia Reports

By deed dated the 1st day of November, 1853. Warner L. Waring and wife sold and conveyed to William *H. Ellis and Thomas W. Peers a tract of land in the county of Henrico, containing 198J4 acres, in consideration of $9,000, nearly all of which was payable in deferred installments secured by deed of trust on the same land bearing the same date, to Ro. A. Lancaster and Wm. D. Colquitt as trustees. The said Ellis & Peers were partners.

This was an action of assumpsit in the circuit court of Loudoun county, brought in February, 1873, by Robert Hull and Thomas W. Atkinson, surviving partners of the firm of Hopkins, Hull & Atkinson, against Edwin C. Broun and John T. Johnston, late partners under the name of Broun •& Co. The process was not served on Johnston, and in the progress of the cause the death of Atkinson was suggested.

In July, 1869, B. Desha Harman brought his action on the case against the city of Lynchburg, to recover *from the city the value of one hundred and sixty-nine gallons of whiskey, worth $672.00, which he had stored in the said city in April, 1865, with his commission merchants and which he alleged (although this was not shown in the record in the appellate court) the city, through its legally constituted authorities, took possession of, and without the consent of the…

This was a suit in equity in the circuit court of Fairfax county, brought in 1858 by Richard H. Cockerille to subject a certain tract of land called Springdale, to the payment of two judgments amounting to $588.68, which the plaintiff had paid as the surety of John R. Dale.

This was a suit in equity in the chancery court of the city of Richmond, brought in November, 1876, by *Charles Y. Mor-riss and others, infants, by their next friend Robert F. Morriss, against Charles Y. Morriss. executor of Elizabeth A. Morriss, Richard G. Morriss, and Garland Morriss, persons of full age, and a number of others infant grandchildren of said Elizabeth A. Morriss. .The object of the suit was to have a construction of the wills of Richard G. Morriss, deceased,…

This was a suit in equity in the corporation court of Lynchburg, brought in May, 1873, by William Waller’s administrator against his widow Jane M. Waller, and his heirs and distributees, to have a settlement of William Waller’s estate, and that his creditors might be called in and the estate properly disposed of.

This was a bill in the circuit court of Rappa-hannock county by Amanda F. Walden, wife of Carnet M. Walden, by her next friend, and Zeph. Turner, her trustee, to enjoin the levy of executions issued upon judgments recovered by Patrick Uinane, J. C. Gibson, and S. Y. Hisle against said Carnet M. Walden, upon certain property which had been conveyed by said Walden and wife to Zeph. Turner, in irusl for the separate use of Mrs. Walden.

This was a suit in equity in the circuit court oí Loudoun county, brought in September, 1876, by Samuel Ropp, to subject certain real estate which had been conveyed in trust to secure a debt of $2,000, evidenced by a single bill dated the 12th of April, 1871. and payable two years after date, with interest payable annually *al the rate of twelve per cent, per annum, and executed by John W. Minor and Louisa F. Minor.

The question in this case was, who was the judge of the county court of Prince William. In March, 1878, John C. Weedon was elected by the general assembly and commissioned by the governor, judge of the county court of Prince William to fill the vacancy in the office occasioned by the death of Judge Aylett Nicol. Tn January, 1880. Charles G. Howison was in like manner elected and commissioned as judge of said county court.

This was an action on the case in the circuit court of Alexandria, brought by D. C. Thompson against George W. Harrison and Reverdy J. Daingerfield, to recover damages for an injury inflicted by them upon him. The declaration contains four counts, setting out in different forms the injury which he alleged he had received.

This -was an action of debt in the circuit court of the city of Richmond, brought by Sharpless & Son of Baltimore against J oseph Rose, to recover the sum of $601.11, and costs of protest, the amount of a negotiable note dated the 39th of May, 1879, and payable in sixty days, given by Rose to Sharpless & Son for goods purchased at the time.

This was a suit in equity in the circuit court of Prince Edward, brought in January, 1876, by Wiltshire *Cardwell to enjoin the sale of a tract of land under a deed of trust executed by Cardwell and wife, by which they conveyed the land to Edgar Allan to secure the payment of two notes each for $1,000, made by Benjamin S. Hooper, and endorsed by R. H. Hooper and said Cardwell, and discounted at the English and American bank at Earmville.

This was a suit in equity in the corporation court of Norfolk, brought by the The City Council of Alexandria against Lewis W. Webb, to compel the said Webb to return to the plaintiff four bonds each for $500, which had been issued by the 'plaintiff to Webb. There was a decree in favor of the plaintiff, and Webb obtained an appeal to this court. The case is fully stated in the opinion of the court delivered by Judge Christian.

This was an action of ejectment in the corporation court of Lynchburg, brought by London Briggs and Susan his wife against G. W. Smithson to recover a house and lot in the city, and they laid their damages for the retention of the house from them at $2,000. The plaintiffs filed their declaration at the rules July 31st. 1871; and thereupon a day was given to the defendant until the next rules, viz: Monday the 28th of August next, to plead to said declaration.

This was a suit in equity in the circuit court of Pittsylvania brought in August, 1871, by Elizabeth D. Coles against Edward D. Withers and Louisa P. his wife in their own right and as executrix and administrator de bonis with the will annexed of John Rice *Miller, the former husband of Mrs. Withers, and John W. Holland, to enforce the vendor’s lien for the purchase money upon a tract of two hundred and ninety-seven acres of land which Miss Coles had sold and conveyed to…

This was an action on the, case in the corporation court of Alexandria, brought by Michael Smith against the City Council of Alexandria, to recover damages for injury done to a lot owned by the plaintiff, by the filling up a street of the city.

This was an action of ejectment in the circuit court of Dinwiddie county, brought by George A. Connelly and Martha F. his wife, formerly Martha F. Walker, William Walker and Robert Walker against John B. Stroud, to recover a tract of land in said county then in the possession of Stroud. Stroud was the surviving husband of Betsy Stroud, who was before her marriage Betsy Crawford, and claimed under her will. The plaintiffs were her heirs at law.

This was a suit in equity in the circuit court of Buckingham county, brought in January, 1870, by L. B. Lessueur and William H. Bufnpass against JohnM. Norvell and others. The object of the suit was to recover possession of a tract of land which the plaintiffs claimed passed to themselves and the other grandchildren of Charles Perrow, Sr., under the provisions of his will, which was admitted to probate in the county court of Buckingham on the 13th of October, 1834.

<p>The case is stated by Christian, J., in his opinion.</p>

This was an application to this court by William Williamson for a mandamus to John E. Massey, auditor of public accounts of the State of Virginia, requiring him to receive in payment for certain taxes due from Williamson to the State, past due coupons taken from the bonds of the State issued under the act of March 28. 1879.

This was a suit in equity in the circuit court of Pittsylvania, brought in July, 1873, by Elizabeth Tanner, widow of Floyd Tanner, deceased, against the administrator of Coleman D. Bennett for a settlement of the accounts of said Bennett as sheriff administrator with the will annexed of Floyd Tanner, deceased.

This was a creditor’s bill in the circuit court of Lunenburg county brought by J. W. Ellis, sheriff of said county and as such administrator with the will annexed of Constance Lambert, deceased, against the administrator of Upton Edmondson, deceased, and the three grandchildren of said Upton Edmondson as his distributees and heirs, to subject the estate real and personal to the payment of a debt of $3,000 due from said Edmondson to the plaintiff’s testatrix.

This was a suit in equity in the chancery court of the city of Richmond, brought in December, 1873, by Charles Y. and Robert F. Morriss, executors of Richard G. Morriss, deceased, to have a final settlement of their accounts, and a division of his estate. Richard G. Morriss died in 1867, possessed of a large estate, and leaving a will which was duly admitted to probate in the circuit court of Richmond.

This case was argued at Richmond, but decided at Wytheville.

This was a writ of error to the judgment of the circuit court of Scott county, affirming a judgment of the county court of said county, by which Joel Fields was discharged upon a writ of habeas corpus, from custody upon a writ of capias pro fine sued out by the Commonwealth upon a judgment recovered against him on an indictment for assault and battery. The case is fully stated by Judge Christian in his opinion.

This case was heard at Richmond; but decided at Wytheville. By a resolution of the general assembly of Virginia passed the 26th of February, 1867, the board of public works of the State was authorized and directed to adopt such measures as in their judgment may be necessary and advisable to realize the preferred liens of the the State upon the tolls and revenues of the Chesapeake and Ohio canal company; and for that purpose contract with counsel for the-enforcement of said…

This is an appeal from a decree rendered by the circuit court of Bedford county. The facts of the case necessary for a proper understanding of the points decided are as follows, viz: Addison Maupin died in 1872, leaving a widow and five children. By the terms of his will he gave the whole of his property to his wife for life, and then says: “After the death of my wife. Lucy T. Maupin, I wish my estate divided among my children.

This case was heard at Richmond, but was decided at Wytheville. It was an action of assumpsit in the circuit court of Pittsylvania county, brought by Joseph M. Terry against Charles Ragsdale, survivor of himself and Daniel C. Ragsdale, deceased, as late partners under the name and style of D. C. & Charles Ragsdale.

This was an appeal from the decree of the circuit court of Washington county in a suit in equity brought by Stuart & Palmer against Robert E. Gray and others. The decree directed the land of Gray to be rented out for the purpose of satisfying a judgment which had been rendered against him and others. And the appeal was by said Gray and John Preston, who was a party in the suit, but had not been served with process.

This was an action at law in the circuit court of Dee county brought in 1876 by William B. Dickinson (suing by the Commonwealth of Virginia), against William W. Sage, sheriff of Dee county, and his sureties in his official bond. William B. Dickinson had recovered a judgment against John D. Sims in May, 1870, for $5,320, with interest and costs, on a contract entered intoprior to the adoption of the present Constitution of Virginia, containing the homestead exemption.

This was an application by John D. Peters, claiming to be commissioner of the revenue for district No. 1, in Giles county for a writ of mandamus to require John E. Massey, auditor of public accounts, to furnish him with four copies of the land and property books of his said districts. The case is fully stated in the opinion of the court delivered by Judge Christian.

This case was heard in Richmond but was decided at Wytheville. It was a suit in equity in the chancery court of the city of Richmond brought by Frank & Adler, partners, to subject the separate estate of Janette Lilienfeld to the payment of a negotiable note for $628.66 made by her husband S. B. Lilienfeld and which the plaintiffs claimed was endorsed by her for his accommodation.

This was a suit in equity in the circuit court of Washington county, brought in August, 1874. by Robert A. Brown, administrator de bonis non of Lewis Smith, deceased, against James C. Campbell and others, to subject certain lands which had belonged to said Campbell, to satisfy a judgment which had been recovered by William King Heis-kell, a former administrator de bonis non of said Smith, against said Campbell and C. E. Trigg as surviving partners of the firm of Trigg &…

This was an action of trespass on the case in the circuit court of Smyth county, brought by H. G. Franke against William M. Davis, D. T. Davis, J. K. Davis and N. T. G. Fair, to recover damages for an assault and battery made upon him by the defendants.

*This was an .action of ejectment, brought in December, 1874, in the circuit court of the county of Wise but after-wards transferred to the circuit court of Scott, by Dale Carter against William M. Greer, Friel Robinett and eight other persons, to recover a tract of four thousand and nine hundred acres of land lying in the county of Wise.

This was a writ of error to a judgment of the circuit court of Giles county on a writ of quo warranto by George W. Easley against Robert Wylie, to obtain possession of the office of judge of the county courts of Bland and Giles counties. The circuit court rendered a judgment of ouster against Wylie; and he thereupon applied to a judge of this court for a writ of error; which was awarded. The case is fully stated by Judge Christian in his opinion.

This was a suit in equity in the circuit court of Floyd county, brought in October, 1874, by Montague H. Simmons, administrator of Delila Simmons, deceased, against Otey T. Simmons, to have an account of his agency in the management of her property.

This was a suit in equity in the circuit court of Roanoke county, but afterwards transferred to the circuit court of Bedford, brought by some of the children of Joel Asberry, deceased, against John M. Evans his administrator, and Lewis W. Richardson, administrator of John G. Asberry, another son of Joel Asberry, for a settlement of said Evans’ administration account, and a distribution of the estate.

This was a creditor’s suit in the circuit court of Rockbridge county in May, 1869, by The National Exchange Bank of Richmond against W. W. Major, J. G. Steele executor of George W. Johnson, deceased, G. A. White and others, to subject the real estate of said Mayor to the payment of his debts, and especially a judgment rendered against him in favor of the plaintiff for the sum of $703.76 with interest and costs, in the circuit court of the city of Richmond in November, 1868,…

This was a suit in equity in the circuit court of Shenandoah county, brought by John Keller’s administrator to subject the land of William Rosenberger to satisfy a judgment for $850, with interests from the 1st of February, 1869, and $28.43 costs, which the plaintiff had recovered against the defendant Rosenberger for the balance of the purchase money of land which Keller in his lifetime, had sold to Rosenberger.

This is an appeal from two decrees rendered by the circuit court of Albemarle county, Virginia. Held: that the lots into which the land purchased by Hughes, and sold by his executor, had been divided, were liable in the following order— viz: 1st. Lot No. 3, now held by Albemarle tobacco warehouse company. 2d. Lot No. 1, now held by appellant, Harman. 3d. Lot No. 2, now held by Noah Jackson. 4th.

These cases were heard together at Wythe-ville. but decided at Staunton. They are writs of habeas corpus; and the facts are stated in the opinion of Judge Christian.

This is an appeal from a decree of the circuit court of Rockingham county. Held: as stated in the opinion of Judge Burks, that “the legal effect of the super-sedeas bonds, was to substitute the obligors to the liabilities of the original debtors — of Yancey, the principal debtor, as well as of Weaver, the surety — and not only to preclude these obligors from all right to indemnity from the principal and…

In a cause depending in the circuit court of Botetourt, brought by Kyle’s guardian v. Kyle’s heirs, for the division of the estate of Robert Kyle, deceased, Fletcher H. Mays was appointed a commissioner to sell a house and lot and collect the puchase money; and the sureties on his bond given under this decree requiring him to give other security for their relief, Daniel P. Ewing became his surety in the new bond executed by him.

This was a suit in equity in the circuit court of Botetourt county, brought in August, 1878, by Hiram Hansbrough' against Joseph Shultz and others to subject the real estate of Shultz and George S. Penn, to satisfy a judgment for $11,717.41, with interest, which he had recovered against them, in October, 1868.

This was an appeal by Frederick If. Gibert from a decree of the circuit court of Alexandria, made on the 13th day of February, 1880, in a cause depending in said court in which John C. Graham, in behalf of himself and all other creditors of the Washington City, Virginia Midland and Great Southern Railroad Company, was plaintiff, and the said company was defendant.

This is a branch of the case of Graham v. The Washington City, Virginia Midland and Great Southern Railroad Company, for the nature of which case see the opinion of Christian, J., in Gibert v. Washington City, Virginia Midland and Great Southern Railroad Company, supra, 586.

This is a branch of the case of Graham v. The Washington City. Virginia Midland and Great Southern Railroad Company. And the nature of the case is stated by Judge Christian in his opinion delivered in the case of Gibert v. The Washington City, Virginia Midland and Great Southern' Railroad Company, snpra, 586.

This is another branch of the case^ of Graham v. The Washington City, Virginia Midland and Great Southern Railroad Company, then pending in the circuit court of the city of Alexandria.

This was a suit in equity in the circuit court of Warren county brought in February, 1866, by Addison Romine in his lifetime, and on his death revived in the name of his administrator William H. Brown, against William H. Triplett and Mahala his wife and another, to subject certain real estate and other property the ^separate property of Mahala Triplett, to satisfy debts due from said Mahala to the plaintiff.

*This was a suit in equity in the circuit court of Frederick county, brought in January, 1876, by William F. Rinker and Mary G. his wife, who before her marriage was Mary G. Streit, against William H. Streit, who had been the guardian of the female plaintiff, for the settlement of his account as guardian.

This was a suit in equity in the circuit court of Clarke county, brought by the committee of Robert F. Crigler, a lunatic, against the executor of John Alexander, deceased, a' former committee of said lunatic, for the settlement of the accounts of said Alexander as committee of said Crigler.

This is the sequel of the case of Wood & al. v. Krebbs & ais., 30 Gratt. 708.

This was an action of ejectment in the circuit court of Amherst county, brought by A. M. Davies and P. E. Waugh, partners under the name of A. M. Davies & Co. against Henry W. Creighton, to recover a tract of two acres of land lying in Amherst county. On the trial the plaintiffs offered in evidence a deed from the trustees of the Mutual building fund association of Lynchburg to the plaintiffs, and also with it the articles of association of the said company.

This was an action of debt in the circuit court of Amherst county, brought in July, 1875, by John E. Williams, administrator of John D. Davis, deceased, who sues for the benefit oí C. T. Hill, sheriff of the county aforesaid, and as such receiver in the case of Waugh & Davis against Robert W. Snead and Henry E. Smith.

This was a bill in the circuit court of Shenandoah count}1-, filed by Walton Craig, administrator de bonis non with the will annexed of Peter Craig, deceased, against Philip Helsley. and his sureties in his official bond, as curator of the estate of said Peter Craig. The bill stated the death of Peter Craig leaving a will, in which said Philip Helsley was appointed executor. That the probate of the will was contested, and Helsley was appointed curator of the estate.

This was an action on the' case in the circuit court of Shenandoah county brought in December, 1877, by David H. Holmes, against Joshua Clem, for the seduction of the plaintiff’s daughter. The declaration contained two counts. The first count set out the case very fully, claiming that the daughter was plaintiff’s servant, that he had been deprived of her services, and had been put to great expense, &c. The second count is brief.

This was a suit in equity in the circuit court of Clarke county, brought in July, 1877, by Aaron Dublé to have a settlement of the partnership accounts of himself and Champ Shepherd. These parties had entered into a partnership in 1859 to carry on a mill. The partnership was continued until 1865, when it was dissolved, and Shepherd took possession of the books and accounts and proceeded to settle up the affairs of the partnership.

This is a writ of error to a judgment of the circuit court of Franklin county, rendered on the 15th day of April, 1876, in favor of the defendant in error, James S. Taylor, _ who was plaintiff in the court below, against the plaintiff in error!

At the March term. 1879, of the hustings court of the city of Richmond, John E. Poin-dexter was indicted for the murder of Charles C. Curtis. He was tried in May and the jury found him guilty of voluntary manslaughter, and fixed the term of his imprisonment in the penitentiary at two years; and the court sentenced him accordingly. And thereupon the prisoner applied to this court for a writ of error and supersedeas; which was -allowed.

At the April term, 1879, of the hustings court of the city of Richmond, the grand jury found an indictment against Angelo Baccigalupo, for that “on the 15th day of March, in the year eighteen hundred and *seventy-nine, at the said city, and within the jurisdiction of the said hustings court of the city of Richmond, in and upon Mary Baccigalupo did make an assault, and her, the said Mary Baccigalupo, felon-iously and maliciously did stab, cut and wound, with intent, her, the…

In September, 1879, Nathaniel L. Price was indicted in the county court of Pittsyl-vania for the murder of Dandridge Burnett. On his trial the jury found he was not guilty of murder as charged in the indictment, but guilty of involuntary manslaughter, as charged therein; and they fixed his fine at $500.

This was an indictment in the county court of Hanover against Thomas Glass, for failing to turn the crank of the Moffett register at the time and in the presence of the person to whom he sold a drink. There was a verdict and judgment against the defendant, and he thereupon obtained a writ of error and supersedeas. The case is stated in the opinion of Moncure, P.

This was an indictment in the circuit court of Patrick county against Burwell Reynolds and Lee Reynolds, for the murder of Aaron C. Shelton.

At the October term, 1879, of the county, court of Louisa, Albert Mitchell, William Talley and Ann Eliza Ja'ckson were indicted jointly for the murder of Charles K. Walton. They elected to be tried in the circuit court; and in that court the prisoners elected *to be tried separately. Albert Mitchell was thereupon put upon his trial; and the jury found him guilty of murder in the first degree; and the court sentenced him to be hanged.

At the December term, 1879, of the county-court of Amherst, Nelson Mitchell was indicted for the murder of John C. Gillespie. He was tried at the February term, 1880, of the court, and the jury found him guilty of murder in the first degree.

This was an indictment in the county court of Bedford, of Peter Wright for the murder of Robert Maupin. The case was once before in this court, when the judgment was reversed, on the ground that an incompetent juror had been admitted to serve on the jury. On the second trial of the prisoner there was a verdict of murder in the first degree, and the court sentenced him to be hung. And thereupon the prisoner applied *to this court for a writ of error; which was allowed.

This case was transferred from the docket of the court at Richmond to Wytheville, and there heard and decided.