The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-04-04
COURT OF APPEALS.
THE DECISIONS YESTERDAY.
ACKNOWLEDGEMENTS Case-G ioncestc
Suit OF HuGhcs VS.. Tabb-Fredericksburs
RaiIroad Stack


Suit or HUGHES VS.. Tabb-Fredericksburg
Railroad Stock.
The Court Of Appeals Yesterday decided
the case Of Wray aud others against
Davenport e. Morris, which was an appeal
from decree OF the Chancery Court OF the
city OF Richmond, rendered on 10Th OF De-
cember, 1881. IL grew out OF the execution
Of q deed Of trust by which George A..
Wray on the Sd Of May, 1877, conveyed to
George 5. Vashon, Jr., certain personal
property, consisting OF stock OF goods
or merchandise in the possession OF
George A. Wray, at house No. 510 Brook
avenue, and the said stock OF goods was
left in possession and control OF the
grantor. George A. Wray, who carried on
I" brisk trade" until the 10Th day OF
June, 1878, period OF more than year,
when they were levied on under an eXecu-
tion OF Davenport & Morris, sued out upon
judgment OF the Circuit Court Of Rich
mond.
The opinion was delivered by Judge
Fauntleroy, and the decision Of the lower
court (Fitzhugb, judge was affirmed.
The main question OF interest in this
case was as to the homestead exemption
of the appellant. Judge Fitzhugh held
that as the appellant had not claimed
homestead exemption in any OF the
modes prescribed by the statute II
could not be set apart to him in that suit
This he had failed to do, although time
had been allowed him and the case con.
tinucd for that purpose.
The reason OF this failure on the part oi
the debtor TO so claim to have his home.
stead set apart for him is not fully explain
ed. Ii may have been that the trust deed
was considered in the way, or it may have
been that the debt due Davenport & Nor
ris was for the purchase price OF the pro.
perty he held.
The decision OF the Chancery Court was
affirmed by the Court of Appeals rs stated
above.
GLOUCESTER CASE
The Court Of Appeals decided The case
last january OF Hughes as. Tabb, On a e.
hearing, and reversed the Circuit Court OF
Gloucester, which had held that the lands
OF the late John Tabb, Of Whitemrsh, de-
viscd to John i. Tabb, subject to an an
nuity to his other son, Philip Tabb and
his children, were liable in the lands OF
successive alienees for such annuity; that
the purchaser was bound TO see to the ap-
plication Of the purchase-money tOthe end
Of the trust. This opinion was published
in full in this paper at the time Of the de-
cisiOn. On the 2Sth Of February. on the
petition OF the appcIlees, rehearig of the
case was granted, and was argued week
or so ago. Yesterday the Court Of Ap-
peals decided the case, reStlirmlng he for
mer decree and the former opinion.
FREDERICKSBURG RAILROAD STOCK.
The case OF GOrdOn's executor IS. The
Richmond and Fredericksburg railroad
was to have been decided Yesterday. but
the President OF the Court announced from
the bench that the train on which Judge
Hinton was to come TO the city from Pc
tersburg was delayed, and that Judge Him.
ton would deliver the opinion in the case
next Thursday. A good deal Of interest
is felt among the lawyers as to this case, A.
il involves n good many interesting ques.
tions Of law and large amount in value
some S3j0,000 Of Fredericksburg railroad
stock.
OTHER OPINIONS.
Sinclair and ais. Us. Sinclair and ais
From the Circuit Court OF the county o.
Gloucester. Reversed, Judge Lewis de
lyeriEg the opinion.
Cox as. Carr and ais. From the Circuit
Court OF the county OF Loudoun. Affirmed
Judge Richardson delivering the opinion
Judge Lacy not cOncurriDg in the view
expressed, but i'll the result.
Garnett Us. Bailey's personal representa-
tive. Argued by Major W. +. c. Gregory
for appellant and submitted.
Rchcaring denied in the following eases
Hill rs. Woodward, BrOckenbrouSh rs
Turner, and Harding as. Turner.
SalOmone rs. Kelley, trustee, and ais
Argued by Major Alfred Il. Courtney fol
appellant.
Scmmins, &C., rs. Harris and ais. APP
peal allowed to a decree pronounced by
the Circuit Court OF Mecklenburg county
at its November term, 1888.