The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-06-27

| CIRCUIN CoURT-IMPoRTANT DEcIs-
1ONs.-Au the June term Of the Circuit
Court-Judge Mclaughlin presiding, which
closed on Friday last, number OF cases in
volving important and delicate legal ques-
tons were decided.
| In the case of Armentrout VS.. Garber,-
action in assumpsit to recover 81, OOO-a con-
sideration for a conveyance was made by
| Isaac CARRIER and Rebecca j. his wife to AL
bert CARRIER, in 1859, by which said CARRIER
and wife conveyed all their interest in the
real and personal estate of which Charles
| Armentrout, father of Rebecca CARRIER,
might die the possessor of. Charles Armen-
| trout died i'll June, 1862, the owner OF q
| tract of land OF 104 acres on Middle River,
| in this county. Isaac CARRIER died in 1872,
and Albert Armentront held the undivided
interest of Rebecca j. CARRIER, in the estate.
Of her father, until suits were instituted :
Suit was brought some three years ago by
| the heirs at law for partition Of the Middle
River land, when the Court held that the
deed of Isaac CARRIER and wife to Albert Ar
mentrout did not operate to pass her inter-
est in the land, and her full share was de-
creed her. with rents from date of Isaac Gar
ber's death. The present suit was brought
to recover the 81, 1000 on account Of failure OF
consideration for which the same was paid
by Albert Armentrout. Pleas-non assump-
SIT and statute of Limitation. 1t was
claimed by defendants that as the deed OF
CARRIER and wife to Armentrout contained
no warranty under the law, the plaintiff
had no right to recover, the rule Of law. as
claimed by defendant, being that upon
sale Of real estate the vendee had no remedy
except as contained in the covenants of the
deed, and further that payment was barred
| by statute of limitation-the money sought
to be recovered having been paid in 1859.
A jury was waived and case submitted to
the Court. The Court held that plaintiff
was entitled to recover; that statute OF
Limitation did not apply in tine case that it
could not begin to run until the death OF
Isaac CARRIER, in 1872, and that, as there was
no personal representative OF the estate I'M
til shortly before the suit was brought, the
plaintiff was unable to sue. and the statute
of limitation did not run against him until
the appointment Of such representative was
made. Futz 6 Fultz for plaintiff; Shetfey
& Bumgardner for defendant. The case
will be taken to the Court of Appeals.
| Another case involving several nice legal
questions was that of Wilson vs.. Edison, Elk.
The questions involved were: LIST. Whether
deeds from heirs to Executor carried claim
against executor for rents and profits accru-
ing between the time he took charge OF the
estate and the conveyance I'd. Whether the
executor was entitled to commissions on
purchases made by him from heirs. Sd.
Whether the executor had committed de-
vastaut in leaving negro woman and child
dren, valued at ST 200, in the possession of
the widow, the slave having been bequeathed
to her by her father. This last question
turned on the date she acquired the slave
whether before or after July, 1850; il before,
the slave belonged to her husbands estate;
if after all slaves remaining in kind acquired
by virtue of marriage belonged to the wo-
favor of executor, the last upon an admitted
statement Of facts. The plaintiffs in the
case recovered some 50, 400. Hudson and
Patrick for plaintiff; Fultz & Fultz for de-
PENDANT.
Several Confederate cases, Involving con-
siderable amounts, were decided-the Court
requiring the parties to account in good
money for amounts received in Confederate
currency-n the fact that
they had obtained orders from the Court to
pay it into the hands Of the General Receiv-
err.
A decree was entered. which was virtual
| ly final one, in the celebrated case OF Por-
ter VS.. Frazier, fixing the amount due to the
various parties. The award allots to VIM.
Frazier, of this city, the sum of $40, 074.So.
The only litigated case of Importance on
he chancery docket, was that of the credi-
tors vs. stockholders of Elizabeth Iron Com
pany, which was continued, and will proba-
BILE be decided in vacation.
In several repOIGS VI OouhissioheI o'
w. G. Smith, in important cases involving
difficult legal questions and complicated mat
tiers of account, exceptions were taken by
counsel, but the Court, in every instance,
overruled them and sustained the reports in
full. From the bench, the Judge compli-
mented the Commissioner, and advised the
young attorneys to carefully read over the
exceedingly able and satisfactory reports. 4
The recent sale of the Richardson lots, by
Stout and Nelson, Com RS. was confirmed.