The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-05-01
IMPORTANT DECI sION!y.
Opinion OF the Supreme Court I'm the
Mills Case.
JUDGE BOND ON MECHANICS LIENS.

In the Supreme Court of Appeals ycster.
day Judge Christian delivered the opinion
of the majority of the judges in the case OF
Mills and others Us Lancaster and others.
1t was the sequel Of the coses OF Corbin et
ats. us. Miils's executors ct ais, Robinson os.
Mills's executors ct ais, and Lancaster Ell ais.
rS. Corbin ct ais, reported in 10Th Grattan.
After those causes were remanded the plain.
tiff in suit Of CorbIn ct ais. cs. Mis's eXecu.
tor filed an amended and supplemental bill
alleging bis objections to the settled ac-
counts OF the executors. The Chapcery
Court OF Richmond pronounced its decree
as follows: .,r. g., . ..ia... -..l ~
l. That the sale of the real estate In the
bill mentioned made by the executors, r. r.
Howison and Charles S. Mills, was valid, and
that their deeds conveyed good title to the
purchasers thereof, and that the third exc.
cutor, after his qualification, in effect ratified
the same; nor was the consent Of the beueti.
ciaries under the will necessary to authorize
said executors to sell said real estate.
II. That the executors were authorized
under the will TO invest the residuary estate
given by the fourteenth clause thereof, and
that the investments so made by them were
legal and valid. .-g...a ri. i -. -
III. That the said executors were au-
tborized by the will TO collect the debts due
from Messrs. Norris. Bradford, GIazeorook,
and the Midlothian Mining Company, and
from alt others who were debtors TO the tes.
tator, and that the collection of said debts in
Confederate money was valid, and fully dis
charged the debtors. - % -.S
". That The sale of the, Exchange Hotel
stock was made in consequence of the diss0-
luton Of the company by the action Of ma
jority OF the stockholders, and that the exec
utor4 were right in receiving the share Of
the proceeds Of such sale belonging to the
estate of the testator in Confederate money.
V. That the rent.charge on tie Exchange
Hotel property was in substance mortgage,
by which the sum Of S2G, ,666 go. with per
ccpt. interest, was secured, and, being so,
stands upon the same footing as the other
debts due TO the testator; and the executors
were authorized to collect it; and the collec.
tion of the same in Confederate money vas
valid and discharged tbe debtor, and that
the deed of the executors releasing the lien
on said property was n valid and legal dis.
charge of the same, and that they are not
liable tor any loss that has subsequently oc.
Cured in consequence of such collection and
release.
VI. That investments made by said ex-
ecutors in Confederate States bonds were
legal and valid, aud that the said executors
are not liable for any loss sustained by rea-
son of such investments.
From this decree an appeal was allowed
10 the Supreme Court, and Judge Christian
vest erday, after reviewing the law and facts
at great length, said:
| am of opinion that the executors Of
Nicholas Mills (Chares I. Mills and Robert
r. Howi>0n) in collecting in the year 1863
specie debts secured upon real estate in Con.
federatc money, baye committed deDdStd.
uit, for which they are personally responsible
10 the le@atees, and that so much of the de-
cree Of the Cbancery Court rs relieves them
Qhe eXecutors) from liability should be re-
verSed.
Il am further Of opinion that neither the
debtors who paid their debts in Confederate
money to the executors, nor the real estate
pledged for the security of their debts, can
be held liable to the lcgateeS, there being
nothing in the record 10 show that the debt
ors fraudulently participated with the eXecu-
tors in the decaStauit committed by them.
am further of opinion that so much of
the decree of the said Cbancery Court
as declares that the sale Of the real estate
known as the Leigh-strcet property"
" made by the two executors, Il. Il. Howl.
SOP ard c. s. Mills, was valid, and that their
deeds conveyed good title to the purchaser
thereof" should be affirmed.
The cause should be renanded to the said
Chancery Court to be further proceeded in,
in conformity with this opinion.
Judge Moncure dissented from this opin-
ion, which in effect requires Or. Mills and
Mr.. Howisop to pay to the legatees an enor.
nous sum.-probaby 100000.
MECHANICS LIENS.
Judge Bond delivered an opinion on the
90 ultimo in two cases pending in his court,
in both of which w. H. Allderdice, assignee
of D. G. Mayo. was plaintiff, and in one Of
which Messrs. Talbot, Ettenger Il Edmond
were defendants, and in the other William
Sears Wood. The cases were before him on
appeal from the District Court, where Judge
Underwood decided in favor of the defend
ants.
Both of the defendants claimed to have
mechanics liens on the factory and fixtures
of u. G.. Mayo at the date Of his bsnkrup ptcy,
which occurred November 9th, 1872. The
bills were filed by bis assignee to declare the
liens null and void by MesSrs. II. A. g. j. S.
Wise and CrumD. The defendants were re-
presented by Messrs. John A. Coke and
Blackwell. The facts in Talbot, Ettenger
& Edmond's case were briefly these In the
summer of 1872 Mayo'S tobacco factory was
DESTROYED by fire, including his valuable to-
bacco machinery. After the fire he con-
suited Talbot, Ettenger & Edmond and
sought to make contract with them for
renOyating bis old tobacco machinery
and furnishing him sl requisite new
machinery. They declined TO name a
price, but agreed with him that II be would
let them renovate bis old machinery and fur
nish him new they would do the work at The
best market price. There was no written
contract. All work of this character was
sent to them by Mayo. They re6tled and
furnished, in August and September, ma
chinery aud obacco-manutucturing outht,
and on October i, 1872, their bill was
S2,S20.S7. On that day they rendered
an account to Mayo, and on Octc-
ber 10th Mayo gave them three notes
therefor for S940.29 each at 60, 80, and 12O
DAYS respectively. After October 1st they
did other work for Mayo on tobacco-mills,
pot.presses, and sundry articles OF tobacco
machinery sent to the foundry
by MAYO, and some of bis mills, presses, DC,
were in their foundry when he became bank.
rupt. They had done work for him on SUM-
dry pieces of nacbiDery within thirty days
preceding his bankruptcy, and their whole
bin, including that tor which the notes were
given, was 5000 when Mayo became
On his bankruptcy they claim.
ed mechanics lien for their bill on
Mayo's house and contents. The notes
bad not matured, and bud been passed
to ethird parties when they claimed
their lien for their bill, but as they na-
tured TaIbott. Ettesger IL Edmond took