Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-12-24

a decree subjecing the land 10 sale It was ac.
cordingly sold, and Benjamin Est the attorney
for the plaintiff, became The purchaser for So
000
When my attention was first drawn 10 this
subject, endeavored TO collect all the intorma-
ton calculated to throw light upon it, and be-
liering the questions involved not free from diIi.
Guilty, advised with the Attorney General. who
furnished the opinion in writing herewith CON-
municate, and 10 which respectfully invite the a.
ten.ion Of the House OF Delegates
Ii appears that taxes were paid on the lani
from 1900 10 1909, since which period it canno,
be traced on the Commissioners books.
] should have made this communication at an
earlier day. but have been prevented BY the most
urgent official duties.
am sir with great respect,
Your o5edient servant,
JAS. L. HEATH,
Auditor Of Public Accounts.
The Hon. the Speaker Of the House OF Delegates.
OPINION OF THE ATTORNEY GENERAL.
In the case Of De Tubeauf and others, submit
ted to me by the Auditor Of public accounts, am
o! opinion, that the best mode Of realizing the
debt is for The Commonwealth TO take possession
OF the land and sell i, out 10 purchasers
The mortgage debt was due as far back as
1893 The morigagors have deserted The lands
and removed from the Commonwealth, and their
heirs are unknown. No taxes have been paid on
the lands. No ownership is exercised over them
BY the morgagorS. The case is one OF abandon
mcnl by the moitgagors 10 the mortgages for
forty-tour years. Under these circumstances
think there is no obstacle TO the Commonwealth
taking possession and adjusting the conflicting
claims OF adversary holders selling out the lands,
rcscrvins her principal and interest and costs and
holding The surplus, ii any, for the heirs when
they shall appear.
The difficulties in the way CT foreclosure arise
oul Of the impossibilily Of ascer,ainng the heirs
OF the morsagors and are much more serious
than the difficulties attending the sale without
decree. S. s. BANTER.
Attorney General.
Petitions &C., were presented and referred
BY Mr.. HAYS of citizens Of Lewis and Ka-
nawha counties, for the formation of a new
county:
By Mr.. TOLER, Of Amanda Crow, for d.
vorce.
BY Mr.. JACKSON, a remonsrancc of ciii-
zens of Richie county, against the application to
establish new county out Of parts Of Harrison,
Tyler, and Richie counties
BY Mr.. MILLER, remonslrance of citizens
of Brooke county against the petition Of The Bal
timore and Ohio Railroad Company, for the right
Of way;
BY Mr.. WARD, petition of Isaac Hull Of
Hampshire, 10 reimburse him for fine imposed
upon him enormously by the Judge OF the Cir
cui, CouI,;
By Mr. PARKS, Of sundry citizens Of Carroll
county, to be annexed 10 the county of Grayson
BY Mr.. MINOR, OF citizens of Fredericks
burg, for legislative aid 10 literary, beneyolen:
and religious associations.
Mr.. BLUE called mp the bill concerning deeds
81 trust, &c, which had been under discussion all
the week.
Mr.. WOOTTON Of Henry replied olhe OBJ
jections urged against The bill, and al length sus
stained the bill
The debate being concluded
Mr.. STROTHER moved 10 strike ont the lst
section and the very sist oil the Bill, which pre-.
vents any debtor from giving, BY deeds Of ,ru>,,
any preference or priority over his general cred-
tors.
Mr. WlTCHER having called the ayes and
noes, the first section was stricken OUT BY the fol-
lowing vote
AYEs-Messrs soulhall, Speaker, Pitts, Har-
vie, Powell, Fulton Of Augusta, Frazier, Camp
bell, Scruggs, Pendleton, MYERS, Thompson Of
Boetour Hays Miller Flood Beuhring Tocr
Lacy, Winlree Broadns Of Culpeper. Hobson.
Wood, Marshall of Fauquer, Tyree Payne,
Helms, Brooks, Carson, French, Lcake, Nc
Pherson of Greenbrier, Winston Lee, Bassell,
McRae Of Henrico, Turner Of Jefferson, Tow
ner, Smith, Davis Of King & Queen, Walscc,
Mayo, Flanary, Ramey, Taylor Of Loudoun.
Gordon, kidwell, Parrioti, Pool, Wade Of Mo-
nongalia, Hamilton Of Monroe, Preston OFer-
rail-, kilby, Cabell, Taylor OF Norfolk Borough,
Waits, Harper, VERIFY, Middleton, Oliver, Edg
George, Macrae of Prince William, Str,her,
Moore, Kane. Seb,cl!, Minor, Iledgman, Free
man, Peery. Stephenson, FInsten, Rice Jackson
and Fulicn-1S
NAYs-Messrs Harrison, Fox, Broadus OF
Caroline. Grissbv Eirnunds of Fauquier, Street.
Loveu, Parks, Stovali Blue, Wand, Woo;,on,
GTubb, Billups, Davis OF Orange and Greene
Mcpherson OF Page, Turner of Patrick, Witch
er, Hamilton of Preston, White, Coolies, Mart2
Cowan, Denison, Sticklcy, Tate billiard, New
lon and Goodson-29.
Mr.. BLUE moved TO amend the second Sec
ton, so as 10 prevent trustees, in all eases even
by agreement, from receiving more than The com
now allowed 10 commissioners making
sales under DEGREES in ChanceEy.
Mr.. PRESTON opposed Mr.. Blues amend
ment.
Mr. WITCfIER said he was now opposed 10
the bill stripped as il had been, and moved its in
definite postponcment
The ayes and noes being called by Mr. 1iner,
the bill was Indefinitely pos,Poned-ayes l0l,
nocs9
On motion OF Mr. Lt-AhE,
Resoired, unanimously, That the 18th Rule OF
this House, which prohibits The Speaker from
calling member 10 the chair for a longer period
than one day, be suspended Tor six days from and
after Monday next.
The SPEAKER laid before the House com
munio stion from The Governor, enclosing quar-
terly statement oil the Farmers Bank Of Virgina.
which, on motion of MIR. Lacy, was ordered 10 be
printed.
The following Resolutions were adopted:
BY Mr.. BlLLUPS, that the Committee on
Schools and Colleges enquire into the expediency
Of repeating the act Of Assembly, which author
ICES an annuity of $4,000 per annum, payable
out Of the revenue Of the Literary Fund, 10 tie
Of Virginia.
BY Mr.. NEWTON that the Committee on
Courts, &C., enquire into The expediencY OF 50
amending the existing laws, relating to insolveL!
debtors, as 10 enlarge the prison rules.
On motion OF Mr.. MARSHALL, Of Fau-
quier, the House agreed to meet, hereafter al II
On motion of Mr.. HINER, the House ad-
journed.