The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-04-28

HE tHlNBORAZO;C CASE SETTLED-DfSTRI-
HUTTON OF PROPERTY CONVEYED IN
DEED-A LEGACY GIVEN TO A WIFE BY.
HER FATHER NOT sUBJEcTrTo ASTECE-
DENT DEBTS OF THE HUsBANIs-A WAR
CASE DECIDED, &C. &c. @sEs
/ Yesterday was decree-d day in the Supreme
Court OF Appeals, and there!was q large at
tendance OF lawyers. We give the follow
| ing abstracts Of the opinions: ,55..
| Winston Us. Giles. From the Circuit
Court Of the city Of Richmond. Affirmed,
Judge Moncure delivering the opinion Of
| the Court. In this case the Court held that
the Circuit Court could not give leave until
the next term to file a bill OF exceptions II,
q case In which final Judgment was rem
dered at the preceding term.
Wallace's administrator Us. Treakle and
ais. From the Circuit Court Of Lancaster.
Reversed in part, Judge Christian deliver
ing the opinion Of the Court. This was
bill filed by certain creditors to set aside
deed which was conceded to be fraudulent.
Certain judgments had been obtained
against the grantor in his lifetime, and he
died after the bill was filed to annuI the
deed; and the only question to be settled
was as to the distribution Of the proceeds OF
|
Court held here that the Judgment creditors
who had obtained their judgments in his
| lifetime were entitled first; and then the
creditors who filed the bill which impeached
the deed were entitled to priority from the
date of filing the bill over other creditors at
large; and the several creditors who filed
their petitions in the suit before the death
OF the grantor were entitled from the time
of filing their petitions respectively; and
the other general creditors pro rata.
White, DC, rs. Goulden's executors, &c.
From the Circuit Court OF Caroline. Re
versed, Judge Anderson delivering the
opinion Of the Court. In this case the Court
held that legacy and dcvisee given to the
wife Of White by her father was not subject
to the antecedent debts due by her husband.
This was most interesting opinion on the
subject Of the "wife's equity.'
Walker Us. Buckler. From the Circuit
Court Of Alexandria. Reversed in part,
Judge Staples delivering the opinion OF the
Court. This was most interesting and able
opinion, in which the Court held that sale
made under deed OF trust made before the
war to secure the deferred payments on GER
tain real estate, and bought by the appellant
at the sale in August, 1864, was void, the
grantor in the deed having removed to and
then residing in the Confederate lines; and
this Court established the principle that all
contracts between parties residing on the
different sides of the lines Of the contend
| ing parties were suspended during the
war, no matter whether the parties chose
| their sides voluntarily or were driven
| from their homes by force, thus laying
down a different principle from that estab-
! lished by the Supreme Court OF the United
States in Deane Us. Nelson and Ludlow Us.
Ramsey. The same doctrine was also re-
affirmed in the case Of Fred Us. Dixon yes
terday, from the Circuit Court of Fauquier,
in which Judge Christian delivered the
opinion Of the Court affirming the decree OF
the Circuit Court. The only difference in
the two cases was that in Walker Us. Buck
| ler Bucbler voluntarily came into the
Confederate lines, while in Fred Us. Dixon
Dixon voluntarily went into the Federal
| lines. -...-...-s
| Norfolk and Petersburg Railroad Com
pany Us. Ormsby, by, &c. From the Cor
poration Court OF the city of Norfolk.
Affirmed, Judge Moncure delivering the
opinion Of the Court. This was an interest
ing case, in which damages were recovered
against the railroad company amounting to
$4,000 for allowing one OF its cars to run
over and cut off the arm OF child two years
and ten months old; the question being
how far the railroad was responsible for
negligence in the matter, and how far the
child was liable for the contributory negli-
gence OF its parents. The railroad was held
liable, and the Court held that the alleged
contributory negligence, if any existed,
would not eXonerate the railroad company.
Alexandria and Washington Railroad
Company Us. Chew and ais. From the Cir
cult Court of Alexandria county. Reversed,
Judge Staples delivering the opinion OF the
Court. .-.......-. .........- .......
National Bank of Fredericksburg Us. Con-
way, trustee, and als.-in chancery. The
Injunction heretofore awarded was perpetu-
ated, and the deed of trust executed on the
Goth July, 1875, was vacated and annulled
as against the creditors of NJ. Slaughter Il
Sons, the bankrupts. The assignee OF said
bankrupts was ordered to take possession OF
and sell the property described in said deed
of trust. An appeal was taken to the United
States Circuit Court. The court decided in
this case that a notary interested in the sub
iect-matter may take the acknowledgment
to deed, and that deed executed under
the circumstances in this case, more than
two months before any adjudication in
bankruptcy, but recorded within that time,
was void under the bankrupt law.
The Court will probably deliver other
opinions on Saturday, and will then deter
mine when it will adjourn for the term.