Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-11-27
IMPORTANT DECISION.
L II E Bolts ESTATE

In he Court of Appeals, in session in Rich.
mond. Oh Thursday, Judge Christian rendered
the decision III the case of Brckham, g., VS.,
Bolts, g.: as follows: The curt is OF opinion
that the Circuit Court of Culpeper erred 10 not
passing upon the validity Of the deed of the
10Th Of December, 1862 in the bill and pro-
ceedlugs mentioned. That cnurt, upon the evil
deuce before it, ought to have declared said
deed null and v"id.
At the time of It's pretended execution the
grautOr, james \. Beckharn, WIS Frustrated
by aD attack OF total paralysis (haviug previ-
0uSy been the victim nt three attacks OF bar
tal paralysls). aud could ncithcr speak, nor
writ, Dor move, a:I was ut rly inca pahle,
mentally and physically, vi executing or IF en-
terlug into or eOusulh mating any important
Contract.
The very mark intended for signature was
made by another holding his dead and useless
maud, aud guldlng the pen 81 as only t. maxi
u cross mark. A deed cxecut I, under such
circumstances conveyed ~ title to he grantees,
but Is mere nudity.
The court is therefore Of upiniun At for
this error the said decree be reversed aud an
nullGd, and that the appellants recover against
the appeees Jhtlr costs by them Expended IL.
the prosecution OF their appeal h re-
Aud the court now proceeding to enter such
decree as the said Circuit Court ought t. ave
entered, II Is drcrrrd and ordrrei lnat the
deed bearing date on the lOth day Of Deem
Der. 1862, purporllug TO have been Executed
by James 4. Bcckham, aud purporting IL CON-
vry 70 Franklin Stearus and JOHN Mluur B, 8
the tract OF laud IN the bill aud proceedings
mentioned, known as "Auburn," be aud the
same Is hereby declared t DC null aud void.
And 1t Is further decrecd aud ordered that
the appellees, or those claiming under t EN-,
who may DC III possession Of said laud. shall
surrender said possession to the app llauts
unless within - DAYS from the entering of
this decree the said Franklin Stearns aud the
heirs or dcvlsaes Of the said Johu Minor Bouts
shall file their bill 10 the said Circuit Court Of
Culpepcr for the specific performance Of the
contract entered into ou the 29lh day Of No.
vember, 1862, in the bill and proceedings men
TONED.
And it is further decreed aud ordered that
during the progress oil such suit for specific
performance, anu uut!l the final determination,
the said appellees shall not be disturbed in
their possession of said land by any proceed
lngs at law 90 the part OF the appellants or
those claiming under them to recover said DOS
session.
All of which is ordered to be cet fl ID to said
Circuit Court Of Cuipcper.
Judge Staples dIsscned
The effect Of the decision Of the court is said
by lawyers t. be that in the event that Stcarns
aud the heirs Of Bolts should elect within the
ninety days to file their bill in the Circuit
Court OF Culpeper Tor specific crlormance
OF the contract of sale that court will consider
the case as il il was uYw one, will hear it
upon the bill, and answers aud testimony here.
after to be takeu in respect to tie fact whe her
james a. Beck ham at the time he made the
contract was iu such state of mind as to make
him capable Of contracting. The cou below
may either order jury to be cmpaueIlcd to
try that fact, OF it may decide it upon the evil
dence before 1t il it thinks fit, and the party
who may think he is aggrieved by the judg-
meut OF that court hereafter to be reuuered
may Ike another appeal to this court
The estate IN question is said to be worth
forty or fifty thousand duars.
Auburn was occupied by Hon. John Minor
Bolts during most of the years of the war
Being 10 good repute with the Federal Geue
rails he Was able to save il from the destruction
that tell to the lot Of many Of the most braut-
ful estates 10 that section OF the couotry.