Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1879-08-05
Important Decision.

important DcClSlOn'
The Supreme Court of Appeals at
Wythevlle has decided the following
interesting aud important cases in.
volving new points, that are worthy
of the attention of our readers. We
take them from the Wythevile Enter
prise. (FD. NEws)
7hwSdoy JuN 24th, 1870.
John G. Calhoun vs.. Rufus NJ. Will
liams, Appeal from Smyth county.
Pendeton for appellent; Gilmore for
appellee. Decree affirmed, Judge An
dcrson reading the opinion of the Court,
This case settles point of importance
as to the Homestead Exemption in Vir-
gina. The appellee having brought II
bill to enforce the lien Of judgement
against appellant, the latter, who was Il
houscliccper, but unmarried and with
ont family except his employees and
domcs.ics, claimed exemption from the
lien under the Homestead law; and be-
Ing denied that privilege by the Circuit
Court, appcaled; but, as above stated,
unnecessarily, this court unanimously
holding that in the phrase householder,
or hcnd Of II family" as used in our
constitution, the alternative branches Of
the phrase are meant TO be the cQuiya-
lents Of each other, and "houschollcr'
TO be taken IN Che sense Of cone who has
u household" and not IN the other sense
of one who has house,
Joseph y, Pierce ys. Tardy and Will
llams and others. Appeal from decree
Of Circuit Court Of Montgomery county.
johnson d Trlgg for appellant; Terry,
Tompkns, Davis, Ken, and Boiling for
appcllccs. Decree reversed, aud ease
rcmanded, Judge Anderson reading the
opinion.
This case IL of interest to all concerned
In the enforcement Of partnership debts
against the individual property Of the
partners. In the court below u decree
had been made for sale OF the lands of
certain of the partners TO satisfy judge
ments against all the partners for debts
of the firm of Pierce, Hale d CO., un-
less each of said landholdlng partners
paid of an equal share Of the partner
ship debts dccrced In the cause, not
wlthstandlng The Court had before II all
the partners and their property aud II
was claimed that their standing az be-
tween themselves on the partnership ac-
count was very different. For this the
decree Is reversed, The Coart Of Appeals
holding that, pursuant TO the ordinary
principles governing the ease Of COM
mon debtors, before any decree subject
ing individual property to pay partner
ship debts, u court Of equity, having all
the parties before lt, ought, whenever II
can be done without injury to the credi-
tor, first TO settle the accounts between
the partners 70 M to ascertain how much
they should respectively contribute TO
such payment, and then 10 subject the
individual property of cach primarily
only TO the payment Of the share so as-
ccrtancd against him, aud for the rest
of the indebtedness only 50 far as II may
be necessary 10 supply n deficit on the
part Of any other partner aud IN a like
proportion.
Gates aud Clark W.. Robertson and
others. Writ Of Error TO judgement of
Circuit Court of Patrick county, Penn
aud Lybrook for plaintiffs IN error;
Campbell aud 1rigg for defendants In
error. Judgment affirmed, Judge Chris
tlan reading the opinion.
This cnsc settles point Of Importance
10 all concerned IN taN-tlllcs. The de-
PENDANTS In error holding land IN Pat
rick county under n conveyance 10 them
from one Terry, mndc IN 1862, but which
was not recorded until nllcr 1860, the
same In 1860 being returned delinquent
for the taxes Of ilBl year. and stibsc-
aucntly sold By the Treasurer, and CON
ycycd by the clerk, OF that county, to
the plaintiff ln error, under the tax laws,
The hitter, thcrcupon, brought clcctmcut
for IL, but the parties submitting the
rpsr to the Circuit Court without o jury
Judgment was rendered for defendants,
aud this judgement, on bill Of cXcep-
tlons setting ont the proof was by writ
ot error brought here, where II was coh-
tended for the plaintiffs Ia error that the
prorpcdinvs under thc forfeiture laws