Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1875-05-11

which Charles S Nil 3. Robert Howl
son and Thomas V. Robinson. were
named is executors On the 18th of
October following MessrS. Mills and
He vision made sale % the LEIGH street
property for SIPS, 23G 80 in Confederate
money, aud executed deeds to the pur-
chasers, The third executor, Robin
son, had not qualified when The sale
was mFde. and took no part ~ it, but
subsequently, approved Of ;he sale, the
price received being equal TO about
$4,000 in gold.
Among the assets of the estate were
certain debts of large amounts, amply
secured upon valuable real estate
They are mentioned III the record Is
the Exchange Hotel rent charge the
Morris debt the Midlothian Coal Mi
ninS Company debt, and the Glaze
brook debt; fiil of which were collect
ed in Confederate money in 1868 10y
the executors, and release deeds eXecu-
led ~ them.
The Exchange Hotel rent stood upon
somewhat different grounds from thr
other debts. Tn January, 1889, Nicho-
las Mills and wife leased To Hugh W.
Fry and Others for 100 years the
ground comprising the former site OF
the Old BYRD Warehouse, and now the
Exchange Hotel. upon an annual rem
tai of 81 $50 from January LIST, 1910,
for NINETY ni"e years. Ia the contract
of lease ii was stipulated that
the property should be conveyed to
the leasees in fee simple for S25, 00J in
current money of the United States
and all accrued rents
&. :, Mills and HowiSOn snld thi,
property and wceived SIS G66 6G ~
Confederate money and released tie
rental.
The funds realized by the executors
by The sale Of the prnPcrtJ Of the tes~
iatOr wee invested in Confederate
bonds, and Of course became valuelese
upon the dissolution OF tile Cnnfede-
racy. The Chaucery Court, hovel er,
sustained the action of the executor,
and confirmed the titles OF the purch-
aserS Of the Severa, pieces Of property.
The opinion of the court, covering
tweBty-slx closely written pages of
legal cap, Is too long for publication in
t!lcse columns, but lis conclusions are
fully embraced in the summary :
The court is of opinion that the ca
ecutors of Nicholas Mills tChas. =.
Mills and Robert r. HoWi~GnJ in col
lectirg in the gear laC3. specIa! debts
secured uTun real csta,e III Ciinfede
rate money. have comuitleia dera~-
tavit for whicA tEey are per-r halIy re-
sponsihle TO the Iegatces, ami ;hat o
much Of tie decree of tie tHuucrry
COur; NJ relieves them {the Executors
from liability should be rever-, j. -
Further, jhat neither the Debtor. who
paid their debt in CuH.csie ate money
10 tie executors, nor the real estate
pledged for the Security of th-ir debts,
can be held liable To the legaJees,
there being nothing IN the second to
show that the creditors fraudulciitly
participated with the executors in the
Gevastavit committed 10y them.
Further, that so much of the de-
cree of the said Cnancery Court rs de-
clares that the sale of tic ieul estate
known as the Leigh street property
made by the two executors, Robert
Howison and Charles :. Mills, was
valid, and that their deed conveyed q
good title to the purchasers thereof
should be affirmed.
The cause ShOIld be removed 10 the
said Chaucery Court 10 tie further pro
ceeded in, In conformity with the
foregoing opinion.-Ea Enquirer.