The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1827-11-22

the SIafe--aicr winch the Count ad ,oufeed un-
hi 10 O'Clock tins morning, when the cause " II
proceed.
II IS a remarkable fact that there arc engaged
rs counsel 10 the Cause, Ave gent, men who ays
been Attorney Generals Of this siaie, and Que a.
= late Judges of the Supreme Cont. Cuuns,
for plaintiff Messrs Oakley, Emmef. J o Hof
man. f.att mud - b. ogden. for defendant
Nesers Talcotl, Van Buren,, WEBSTER, Cowle. &
o. Hoffman.
This formidable array Of counsel aud The
wealth aithe parties, which viii enable them l.
contest the question through all the inIricatr IA
Indications of litigation, leaves bat little room Ia
suppose the cause will be finally decided very
speedily.
Several venerable witnesses nre in attendance
upon tins tral to TESTIFY Of anti-reyolutionars
transactions, among whom our attention was
yesterday directed TO the " iiaryey Birch1 Vt
Cooper's Spy. lie Appeals healthy and in good
spirits, and seems plcased rath than athcraisp
at the character and new maine conferred upon
him by the estern Ariosto.
From The Neio- York Commercial 4dre1i,er.1
The Aior CaBes The trial Of the first erect
mint suit involving the merits II the clalm ~
}lr Asto To cert ~ lands IN Putnam county,
which has occu ned the Circuit Coea tor the la 4
five days, and III which verdict @as this day
| rendered, has excited much curiosity and int q.
est We shall endeavour 10 = se DIS .n lei ana IN
telligibIe an account as we can OF the questions
at issue.
The fee oC this property Was in Mary Philips,
at the time Of her arriage with Roger Nlofrs
In 1874 ihese parties executed marriage set
Element, by which they were pun H. possession u
u life estate IN the property, which Was on ffrir
demise TO go 10 the children that might ,pfiue
| itatt tlleiF al
prodnced IN court Itplacrd the property IN
the hands OF Beverly Robinson aud Joanna
| Philips, the mother OF Mrs Morris, IN trust tal
| those heirs, aud gave TO Roger Nlor,a and hi.
wife the right u selling oil the property TO tit a
mount of 3OOOl,
! In l779, Col. Morris was at,aindcd, aud ne
property oon6s aied 10 the State. The namH
| Of his wife was also inserted IN the aeI ai al.
tander. It was proved thai IN Isl Joaoua
| Philips IN behalf of the hens ot Roger MarI
petitoned the legislature ofths Stata ton a con.
pensaton TO them for the curhscatrd prop. IT,
aud represented thcit oioim under the m"ltiag.
sci cment--.and hat this petition was referred
~ Committee, vino reported hal II theirstat
| ment was correct, they weld have thyf remedy
IN any court Jaw hnd did not need the int. po-
/ sIlon of the Leglsla urc.
| from these hrirs MIR isior purchased then q
| tie some time ago, for 10000 Sterling. Il la
| ther appeared IN evidence that allrr TIE ilai-
mage settlement, thrce deeds had been g.,u#
ted. IN fee simple, by Cot Morri, and hi, Vii.
the consideration OF which, together dd not a.
| mount 10 3OOul, 10 which amount they Uvfr au
thorzed Ia SCH, by the terms II TN marriage. a.
ilement. Several witnesses were pr1Aurea h.
the defence, who formerly OF now Hoid aaas in
Putnam county, on the tract IN question -
| ihey testified that they had never heard OF thts
marriage settlement, until attel Ma. Asfur's pul
| chase. That they held under Colonel Morris &
| his ~ite, and subsequently under the STATE, by
purchase from the Commissioners OF FurfuiruIes
he rlaintf proved ON the other maud by Col
Thomas Barclay and judge Benson, tina, the set
tlement was fanarly talked Of IL the ianlY
| Judge Benson had seen it IN is t. IN the poss.s
siou oil Coy. Living sion, one OF the Witnesses
who az II was also proved, made oath in 1851,
before Il magistrate, 10 its execution and deliy-
cry.
| Mcssrs VAN BUREN and WEHsrERwhn sum.
med up the cause IN behalf of the State Contend
ed that the marriage settlement produced in
court could not lie relied on as passing the title
OF the lands inasmuch Ms il was a deed al fe!case
reclims a iedse As the lease was moi produced,
Il was fair suppositiou thai II Was neyel exc
Gated. II the marriage settlement was 10 f
considered bargain \ sale the fee vested IN ,hp
trustees il u lease and lelease, then kagtt Mo-
rs and his wife had no rlghtto convey fee sim
pie in any pau of the property. am THIN having
done SO WINS inconsistent with such II suppu>Itiua.
| they commended mat the couurcrpads Of the IN
,trument referred to in il, ought to have been
produced, and argued that from thrnurproduc-
ton of tue lease of these copies. the pr stump
ton was that they never existed; aud that the
intended marriage settlement VAS never fully cN
ecuted bnt cancelled nv some subseaueai At
rangement. From lis not belug heard ofby n
tenants for thirty Years il was 10 be infer 81 that
ii was only intended as provision against con
tmgenCies. 10 Toe set up or not as the parties
might see 81. II was noi recorded until 1877
The counsel came to h conclusion that no IS
tate ever vested in the heirs whose titles could
only be considered MS contingent remainders, de.
pendent upon the claim of their pa ents, by whose
evil death they were destroyed.
On bohaf ofthe plaintiff Messrs ID. B. OGDEN
aud EMMETT commended, that the lease, in convey
ances by lease AID release was an unimportaut
document after the execution ofthc Instruments
aud that il was not customary TO place it re-
cord They argued from the character OF Gov
ernor Livingston. who drew the instrument and
was witness to it, both as a lawyer AMI a man
Oft high character that 1t WAS TO be inferred the
documents were correctly drawn, and il could
not he supposed any fraud was intended. The
deeds executed by Col. Morris and his wife, they
said, were authorized by the terms of the mar
RAG e settlement. The only contingency pointed
out in this instrument was the birth OF children
in whom on their birth the fee simale vested,
encountered by the life estate of the parents,
which alone could be affected by the act of at
tander
Judge THOMPSON, in charging thejury, recapi-
tuiated the facts ON which they were TO form y
verdict and minated thai If they found the facts
as stated in the opinion OF the Court, the Ia"
authorized verdict for she plaintiff. IhsIur