Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1884-04-02

tributes The object was the opposite OF
merging them. if that were the necessary
effect of obtaining new Judgment on an
ola one Il was to place them IN statu quo
as Of the dates on which they were origin
DIV recovered. Invested Of the satisfactions
which had been improvidently put upon
them The doctrine of merger therefore,
whatever it may be in ordinary cases, does
not apply to these four judgments.
Summing up what has been said, the sew
eral debts stand as to each other in the toll
lowing order: 1st, the debt due the city OF
Washington; Cd, the bonds held under the
Lennox deed Sd, the Hay judgments, seven
in number; and, 4th, the unsecured claim
of Fowle, Snowden & Co.
It remains to be considered how these several
claims stand in respect to the claim TOR better
ments put upon the western 1Sl2 feet OF the road
way of the Alexandria and Washington Company
while in possession of the Alexandria and Fred
erecksburg Railway Company under the proceed
ings taken in the County Court Of Alexandra
county 1t is clear that this claim can only aztec
the western strip of roadway that has been men,
toned ; and the conditions prescribed by statute
emitting the A. & F. Company to compensation
for bettermcnts seem to exist. 1t is true THAT
there is profuse ascripti0n of fraud against this
company in tho briefs Of adverse counsel; but no
proof has been made in the evidence es-
Publishing that fraudulent means were used by
tho company to secure the condemnation OF the
ground in question or to obtain control OF the
Alexandria and Washington Railroad Company
and its property. We have only to consider what
and how allowance is to be made to this company
for its betterments.
The control of this road from Alexandria to the
Long Bridge must have been of much greater i'm
portance and the use of it of much greater value,
to the A. & +. Company and its associate compa-
| l. st.o.. La rcd h.y
the pro rata receipts of net earnings in money,
which accrued to it from that short section OF
road especially if no account is taken OF the tive
years rent, which the A. & w. Company might be
entitled to as 3 credit under the statute or flr-
ginia relating to betterments 1t will be safe to
assume that the A. & +. Company's use and con-
troll of the road for ten years have abundantly
compensated it for all outlays it may have made
for repairs, taxes and other incidental charges.
Its original outlay of 59,61O.07 in constructing
the roadb and track the western strip is all
therefore, that we think ought to be allowed as a
first lien on that strip 20 the A. & F. Company.
As to the manner of providing that amount for
this claimant; if it cannot be agreed by the par
ties in Interest what proportion the value Of this
1915 feet shall bear to that of the whole 80 feet
Of road, it must be referred to the master to de-
termne that proportion. The road must then be
| sold Ms whole, and the purchase money be sepa'
rated into two portions to represent respectively
the proceeds of the sale of the old part and of the
new, and the respective funds applied as has been
indicated in this decision
The following are the amounts of the several
debts thus adjudicated:
Debt under the Bradley deed to the city
of Washington. .S154, $40
Debt under the Lenn0x deed to English
creators. lO2,US2
Debt due Oh the Hay judgments 70, 4O5
Debt due Fowle Snowden & Co... 22, 7S5
Claim Of the Alexandria and Fredericks
burg Railroad Company Of S11O.-
451, allowed by the Court at. $3.50