Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-01-31
LOCAL NEWS.
EVENING. JANUARY 81.

IMPORTANT DECISION. "A case OF much 10
t,rest and impo rtance Scott vs. Scott s execu
t,ix in, diving the question, how far contracts
i regard to. slaue property have been affected
t. ihrs, results of the late war, has, We under
Stand, Just been decided by the supreme .C"u'
of Appeals, at Richmond.
The facts Of the case are as follows, VIZ
Richard M! Scott, the elder, OF bush Hill, :
Fairfax county, by his will, devised his "St
MarysyilIe Estate, " consisting ot 700 acres OF
land, about 80 slaves, &c, &c-, in The county
Of Stafford, to William, II F.tzLush, IN trust
first for the use and BIN ii. Of his relation,
Richard AI. Scott. for lift.;;!4sccor2, after his
DEATH TO pay over the rents, issues, and profits
10 Mrs. Eliza Scott, 20 long as she should live;
remainder in ie,, 10 Richard " tSaott, Or, the
ann ct The testaror. Rmhardl!M. Scott, tho
first taken, under this devis,. entered uion the
estate, aud held, used and occupied it till his
death. After his death, the trustee collected
and paid over the rents, issues, and profits to
Mrs. Eliza Scott, for, several gears, until an
agreement, vas cn,erc,l into, bewe.'n her, the
trustee, and Richard NJ Scott, jr.. the remain
ltrman, whereby she, agreed 10 ,reli"quish and
release all her right, title, aud interest, III the
rents ,aua profits of tns estate, TO-. the said
Richard Nj. Scott, j,.9and he promised to pay
to her the annual sum Of 500 90 in lieu there
Of This agreement was subsequently rahtcd
and confirmed ky decree ST the Circuit Court
Of Stafford county, in a snirtherein depending,
in which tie said Eliza Scott was complainant
aud the said Richard NJ Scott, jr, and Others
we're defendants, aud vas strictly complied
with by the said Richard M Scott, jr., UP to
the time Of his death After his death, his
widow and execatrix. Mrs. Virginia Scott, con
tinucd to pay the annuity Of $4,000 to Mrs.
Eliza Scott, to the lst day OF January, 1861,
since which period no part thereof ha' been
paid aud to recover. The arrears. # this annni-
ty this suit was Instituted by Ms Eli, Scott
vs. Mrs. Virginia Scott, cx"cu rx, &c ia the
Circuit Court Of Fairfax county "
1t was contended on behalf Of the defendant
that The agreement between Mrs. Eliza Scott
aud Richard M. Scott, Jr., was Lease reserv-
ing Rent, land such in fact 1T was, III form j
that by reason of the Proclamation Of Che Pres
ident Of tho United States, which took effect
on the lst day of January, 1868, the slaves,
which constituted a part, and the most valua-
bic part, of the leased property, became free,
and their services were thereby forever lost to
her, and that she Was therefore entitled to an
abateoseat of the Rent, to the extent the an
nnal value Of the hires Of said slaves. t..l..
.ili Upon the partof the plaintiff was held,
that by the agreement between her and Rich
ard M. Scott, Dr., she parted with the aohole
Of her interestiin the estate for the payment
Of a sum in gross, to wit the annuity of 800,
and if $50, that although the agreement was in
form lease, yet that 10 the eye of the law it
was an assignment, a sale, and the principle Of
abatement could have. no application, and far
Their, that even admitting it to- be a Lease, the
case pr. sented was not such as to call for the
application Of chat principle = -. Z 4
Tie plaintiff was sustained, in both Of these
views by the Circuit Court.o Fairfax, Judge.
Thomas; his decree was affirmed, upon an ap-
peal, Ly the District Court of Appeals, at
fredericksburg, at July Term, 1867, and the
decree OF that Court, has again been affirmed
by the Supreme Court Of Appeals. .,t.,
it is thought that the decision made inS this
case may have an important bearing upon
many cases, yet to arise, in which the vendor
Of slaves, sold during the war, may seek to re-
cover the unpaid purchase. money, and other
cases Of that character
This case was deliberately argued in all the
Courts, by w. Willoughby and Law. B. Tay-
lor, for Mrs. Eliza Scott, and byS. f. Beach,
for Mrs Virginia Scott 70 ~ 80 ~