The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-11-16
LOCAL MATTERS.
The Great Salt-AYorIks Case.

PRESTON VS.. sTURAT AND oTHERs-TIE DE-
cIsIoN OF THE LOWER COURT UNANIMOUSLY Y
AFFIRMED BY THE COURT OF APPEALS.
The Court OF Appeals yesterday decided
the case OF Preston Us. Stuart et ats, from
the Circuit Court OF Wythe county. The
case involved the title to the Salt-W orks in
Wvthe county, now owned by Stuart, Bu-
chanan & Co., who purchased them from
Robert Gibbony, trustee in a deed made by
Preston to him, conveying this and all
the rest OF his property to secure all OF his
creditors. The sale was made by Gibbony
privately, as authorized by the deed, and
long after the sale and confirmation by Pres
ton, tine grantor in the deed, and after Glib
bony's death Preston filed his bill to set
aside the sale to Stuart S Company ON seVe-
raj grounds-among them that of fraud,
want OF power to sell, collision between the
trustee and the purchaser. The Court held
that the trustee and purchaser acted pro
perly in every particular, and confirmed the
sale to Stuart & Company.
Judge Burks delivered the opinion OF the
Court, Il synopsis Of which is given below
The appellant, Thomas L. Preston, was
the owner OF what is called the ''Prcston
Salt-Works estate" in Smyth county. Va,
and of some interest in what is called the
liking Salt-WorkS estate" in the adjacent
county OF Washington. In the year 1850,
being greatly embarrassed with debt, he
conveyed this property, with large num-
Gibbony, OF Wythe county, Va, in trust,
to sell the property either publicly or pri-
vately, and pay the debts OF the grantor.
The powers granted to the trustee for the
purposes Of the trust were very large. Glib.
bonv (tbe trustee) on the 10th of June,
1862, made private sale OF the Preston
Salt-Wo Works +" and portion OF the grantor's
interest in the King estate to Stuart, Pal
mer & Parker at the price OF S425,000. The
greater portion Of the purchase-money was
collected and applied by the trustee to the
purposes OF the trust. Gibbony died in
1867, and in 1870 Preston filed his bill in
this case to set aside the sale and to hold
the purchasers Of the property liable for
rents, pr0hts, &c. -. ..,..
The main grounds on which the conf
plainant based his claim to relief were,
first, want of power in the trustee to make
the sale second, fraud and, coIlusion be-
tween the trustee and purchasers; third,
breach Of trust in various particulars. a..
The case was heard before Judge james
Keith. OF the Fauquier circuit, at Wythc-
vile, in the year 1874, and at the hearing he
dismissed the complainant's bill. .'.
From this decree Preston took an appeal
to the Supreme Court of Appeals. The case
was argued in this court several years ago
before three judges, and while the case was
under adrisement Judge Bouldin Zone OF
the three judges died, and Judge Bur ks
having been elected to fill the vacancy on
the bench created by the death OF Judge
Bouldin, the case, at the commencement OF
the present term, was rearSued before
Judges Moncure, Christian, and Burks, the
other two judges not sitting. --....
The Court OF Appeals unanimously
affirmed Judge ,Kcith's decision, holding :
l. That the trusteee had full power under
the deed to make the SALE, 3. That there
was no fraud, either actual or constructive;
i'm the sale. 8. That there was no breach OF
trust. 4. That the sale was valid; but il
for any cause it was yoidable, that it had
been fully ratified and confirmed by the
grantor in the deed. - - -.
! The case was ably argued by Hon. j.
Randolph Tucker,i Colonel w. w. Gordon,
OF this city, and Mr.. N. II. Massie, Of Char.
lottesville, for the appellant, and by Senator
John W. Johnston and David S. Peirce
Esq, for the appellees. The argument LASTED
|, ! The opinion Of the Court, delivered 81
Judge Moncure, Is said to have been very
able, clear, and forcible. y,4g.y, =. r.,. 49,.
| The record in the case was yoluminous
embracing upwards OF 900 pages Of printed
matter; and the printed briefs OF counse
contain 400 or 500 pages. Since the com
mencement OF this suit, in 1870: four o
the eminent counsel engaged in ito wit
Hon. John B. Baldwin, Of Staunton jaime!
w. Shefey, of Smyth county; Beverly r
Johnston and Joseph Il. Campbell, o.
Abingdon and one Of the Judges Of th'
Court of Appeals tWood Boul din(-hav'
died .. #.-.'4 t.."