The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-11-26

day Judge CDr.Stfan rendered the decision
in the case of Beckham, &c., Us. Bolts, &C.,
as follows: s..-re, = ,-,-,sss-a
The court is of opinion that the Circuit
Court Of Culpeper erred In not passing upon
the validity of the deed of the 10th Of De.
cember, 1862. in the bill and proceedings
mentioned. That court, upon the evidence
before 1t, ought to have declared said deed
null and void.
At the time of its pretended execution the
grantor, Jsmes A. Beckham, was prostrated
By an attack of total paralysis (having pre-
yiously been the victim of three attacks OF
partial paralysis), and could neither speak,
nor write, nor move, aud was utterly incapa-
BILE, mentally and physically, Of executing
or of entering into or consummating any
important contract.
The very mark intended for signature
was made by another holding his dead and
useless hand, and guiding the pen so as only
to make cross mark. A deed executed
under such circumstances conveyed no title
to the grantees, but is mere nullity.
The court is therefore of opinion that for
this error the said decree be reversed and
annulled, and that the appellants recover
against the appellees their costs by them ex.
pended in the prosecution of their appeal
here.
And the court now proceeding to enter
such decree as the said Circuit Court ought
to have entered, it is decreed and ordered
that the deed beariHg date on the 10th day
of December, 1862, purportiBg to have been
executed by james A. Beckham, and pur-
porting to convey to Franklin Stearns and
John Minor Bolts the tract OF land in the
bill and proceedings mentioned. known as
"Auburn," be and the same is hereby de-
clared 10 be null and void.
And it is further decreed and ordered that
the appellees, or those claiming under them.
who may be in possession Of said land, shall
surrender said possession to the appellants,
unless within - days from the entering Of
this decree the said Franklin Stearns and the
heirs or deyisees of the said John Minor
Bolts shall file their bill in the said Circuit
Court of Culpeper for the specific pcrforC o
ance Of the contract entered into on the 29th
day of November, 1862, in the bill and pro-
ceedings mentioned.
And it is further decreed and ordered that
during the progress of such suit for specific
performance, and until the final determine
tion, the said appellees shall not be disturbed
in their possession Of said land by any pro-
ceedngs at las on the part of the appellants
or those claiming under them to recover
said possession. ......
All of which is ordered to be certified to
said Circuit. Court of Culpeper.
Judge Staples dissented.
The effect of the decision of the court is
said BY lawyers to be that in the eVert
that Stearns and the heirs Of Bolts should
elect within the ninety days to file their bill
in the Circuit Court Of Culp, per for spec.
tic performance OF the contract of sale that
court will consider the case as If it was new
one, will hear it upon the bill, and answers,
and testimony hereafter to be taken in re-
suect to the fact whether James A. Beckbam
at the time he made the contract was in such
state of mind rs 10 make him capable of
! contracting. The court below may either
order a Jury To be empancled to try that
fact, or it may decide it upon line evidence
before it if it thinks fir, and the party who
may think he is aggrieved by the Judgment
of that court hereafter TO be rendered may
take another appeal TO this court; and 1t IS
likely that the case will come up here again
at some future time.
The estate in question is said to be worth
forty or fifty thousand dollars.
Auburn was occupied by bon. John MI
nor Bolts during most of the years OF the
war. Being in good repute with the Fede-
raj Generals he was able to save it from the
destruction that fell to the lot Of many of the
most beautiful estates in that SECTION OF the
country.
Judge Anderson rendered the decision OF
the court in the case Of the Common wealth
Us. Kelley d Larsuey, reversing the Judg-
ment of the Circuit Court OF the city OF
Richmond. The case has been before The
Legislature and courts for the past five or SIX
years. The firm were contractors on the
Blue Ridge section of the Coyington and
Ohio (now Chesapeake and Ohio) railroad,
and the whole amount of work done by them
was S466,392, and the company took the
bonds of the State in payment Of consider
able amount if not of all their debt. They
sold the bonds at discount, which resulted
in loss TO them, they assert, Of $40, ,49l I4.
They claimed that they sold the bonds On &C.
count OF the State, and that the State should
suffer the loss. The State alleged that it bad
settled in full with Kelley Il Larguey, but
the Circuit Court of Richmond gave !udg-
neDt for them. The Supreme Court doubt
the justice OF the claim, but they say that
in any event the Legislature only Is compe-
tent TO afford relief in The prem uses.
The West Rockingham Mutual Fire In
surance Company Us. Sheets (Staunton case).
From the Circuit Court OF Rockingham
county. Affirmed; Judge Moncure deliver
ing the opinion of the court.
Darnall and wife US. Smiths administrator
and ais. From the Circuit Court of Pitt
sylvana county. Reversed; Judge Staples
delivering the opinion Of the court.
Shelton Us. Benefits administrator. From
the Circuit Court of Pittsylyania county.
Reversed; Judge Staples delivering the opin'
ion of the court.
Lacy us Stamper and ais. Further ar
gued by Major Courtney for the appeiees
and submitted.
INTERESTING TO TIE HUNTERS AND GAME.
TAKERS IN HENRIco ACT OF TIE GENE
RAJ ASSEMBLY ENDORSED BY THE BsARD oR
Srpppy,soRs. At the last injecting. OF the