The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1884-07-10

to remedy the injustice which in its opin
ion this court had done to Jas. A. Frazier
This seems to me to be the true guild
in the construction of the opinion and de
cree of the Court Of Appeals. Whereve
either or both may be doubtful or obscure
always remembering that wherever rea
or opponent antagOnism exists between
| the opinion and decree, the latter mus
| prevail, and the opinion is not to be re
garded except in so far as it reflects llght
upon the just construction of the decree
Now, have said that everything which
was done in the court below in and about
the sale and purchase of this property by
Mason, and the transfer of his purchase t.
the company, everything that pertained tt
the satisfaction and discharge of the yari
GUS liens on this property, including the
Campbell lien, was made part of the RECORD
in the Circuit Court. We have seen how
the company acquired perfect title, sub
jet only to the lien which it had itsel1
created; we have seen that every party
concerned in these transactions received
that for which he contracted, and that the
Campbells, perfectly satisfied with the sit
uatiOn as it then existed, delivered theil
deed and we have seen the object and
purpose with which and the extent tC
which the decree of the Court of Appeals
disturbs the arrangements thus consum'
mated. Counsel for the various lienors
have argued with great earnestness and
ability that the effect of this decree is to
restore their clients to their original atti-
tudes with respect to the property bound
by their liens, and the argument comes
with special force from counsel represent
ing the Campbells. There is a natural
equity generally recognized and difficult to
resist which devoteS property first to the
payment OF the purchase price, and as to
all debts. and especially as to all liens, the
Court, OF Appeals has declared that in
equity a debt is never to be considered as
satisfied until it is paid by the proper
party and to the proper party. Yardly VS..
Mauck. is Grattan, is one of numerous
class of cases to that effect. 1t is un-
necessary for me even to intimate to what
extent these arguments and authorities
would influence me it / felt free in this
elto give expression to an untrammeled
opinion upon the facts. In my Judgment
thiswhOle controversy is concluded by the
decree OF the Court of Appeals, if not di-
rectly, or rather expressly, certainly by an
implication SO strong as to be absolutely
essential to its correct Interpretation, and
however c0gent the reasoning or persua-
sion the authorities adduced. they must.
of course, yield to the decision of that
court in this particular case. The authority
of precedents, however numerous and
pointed, are powerleSS against the binding
force of res ad1ldcdta. That persons hold
ing liens may surrender and lose them by
their own voluntary act will not be dis
puted. That the vendors lien of the
Campbells, and the liens of Randolph and
others were completely destroyed in this
caseSup to the moment that the Court of
Appeals entered it's decree, cannot, l think,
be disputed: The decree of the Circuit
Court OF Nov. Both, 80, recognizes the
the acts of the parties themselves, and
that they had been not in form only, but
TO all intents and purposes. discharged,
was the foundatiofaandf the. cause Of the
final decree then entered, If these, Lien
ors were one and all then dead, WHEN and
how was their vitality restored z may
be thought that inaSmuch aSthe- Court of
Appeals interjected into, the Situation a
disturbing element, which jostled or, as it
has been said, ssdislOcatedo the relations
which the parties had agreed to occupy to
each other, that it should have restored
harmony to the disorder which itrhad icre-
ated by establishing new relations Between
them, or, at the least, should have r6mitted
them to their afOretime position. But has
it done 30 + think not. AS / have said,
and VIM Fraz;er and i't fba onlu oh;ee s. Of
tile court was to cnrrect: she in ;nstice whiob
in their INDIGNANT los Al Fusy;a, ~. Nj
suffered. I'd thelextent naceesarv r. the
relief to which thew thonohf 10 Woo Ont, NJ
tied fire decrees IF this conrt were 70
yersed and in ali ohher resnects afs;rmad
They Confirmed the Gale lynnwinolv &c T IN,
honnd to assnma thpv did Enox9 }oSr' = -" ;s
IN the record exactly how # WAS hronohf
about and allltlle ATTENDING circumstances
and there thew STONED There Is one
other important question to he considered
and II is in reference to tbe Hendran ;nd@.
ments. so-called. AZ understand they
are judgments obtained -aoainst lanes A.
and William Frazier. as his surety
or indorser which wore maid off NV tho in,
dorser and Nv him assione .u 70 NJ 'l Han III
,iren Tor ths use ' Of, Of L;s areJitors orc t The
benefit az these INDICTMENTS. itynow annears
rnnres r. fine r.. g 20 The facts are
as to fine amounts If the indg.
ments .as fo William Frazier,s snretvsh;5
That he has Maid them and Thai he has 1ono
since assigned them as above stated Suc5
being the case thew constitnte s,So to,,t n .
valid sat off in the hands of tbe p '''
81 aoa;nst lanes Fragiar soalr;nn 10
snhiact nronertv of tho cnonanv 70 +bo
Of his debt' If anythino conid
he wanting tn nerfect this eonit1 i ;s
found in tRe insolvency Of lanes Fra.
zier as disclosed Nv His record Ru insn1-
vencv I intend iegal insolvency or The '' in
ability 10 meet the demands ~ bic crod;
tors n tha ordinary Course If hos Ioees
As ~ b;s cond;t;on 1nor . FRI sottion,omt
If ali his affairs 7 of conrsa know notbinn
i decide then that Mason is not 20. !
az nnrchaser that the liens Of
and others IN lilze case with hin,
are cone lost and meroad in their now at'
Eitnde as Shareholders in the r A 9 ~
HAT tha vandor.s Iien Of tha CamnhollS IS
GONE and that tbev stand now oniv ac Grsi
iienors IF the r. 4 "a That the Handran
md gnoents arc IN he sci off MO t1,,,t aa;nst
tbe amount decreed tn Jamas AZ Frs1;o ns.
hat ina the Judgment Of Yarboro,1ph "A and
others in like case with him are liens not |
m the nronertv. hui. if at ali then mon |
HE fnnd and their amounts and nr;pri
lies need NOT he ascertained nr;or 10 a |
saIe and 1astlv that dncraa nav uo ON,
hodving these nronos:tions and flirecting a
sale IF the r, 4 s, az. nroneTtv to satisfy
Ihe balance ascertained Nv this decre sa' dns |
lanes A Frazier, -N. >,Se-SSc W.
In conclusion, T will onlv add that r sin.
.erelv trnst that this decrea will not do |
nsnstica to anv ono That II will ,,ot not 40 AZ |
,o.nifim atelv feel nuite snra for can u ot
1oI1bt that the nronertv will hrino enonrb |
- - - ~ ~ 80 o o11aou6n