Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1884-06-20
The Application for Decree of Sale of
the Rockbridge Alum Springs.

On Tuesday morning last, Judge Keith,
of Fauquier, sat for Judge Mclaughlin,
to hear the application of the counsel of
Mr.. James A. Frazier for decree to sell
the Rockbridge Alum Springs property.
to satisfy debt of $57 500 AZ, decided by
the Court of Appeals of Virginia to be a
lien on the property. The applicant was
represented by Judge Jos. Christian,
of Richmond, and Attorney General
Frank Blair. The other parties to the
suit were represented as folIows-C. r.
Mason, by T. G. Elder and Judge Robert
son; VIM. Frazier, by Geo. M. Cochran:
the Randolph heirs, by Judge II. w.
Sheffey, and the Campbell heirs, by W. A.
Anderson, of Rockbridge.
Mr.. Cochran asked for postponement
on account of the absence of Mr. W. A.
Anderson representing the Campbell heirs,
who was detained by sickness, and pro-
sented letter from Mr.. A., and physi-
clans certificate Of his inability to be
present.
Mr.. Blair said he regretted Mr.. Ander.
sons absence, but it would make very little
difference, as the question before the
court was simply whether it would obey a
| mandatory order sent down to it by the
highest legal tribunal of Virginia, the
Court of Appeals. The case had been in
suit from the year 1856 to October 1888,
when it was finally decided by the Court
of Appeals, WHICH made decree in favor
of James A Frazier for the sum of $751;
629 AZ, and directed the lower court to
Issue decree for the sale of the Rock
bridge Alum Springs to pay Frazier his
debt. The suit was not under discussion
here. The present application was made at
the last circuit court but the applicant was
confronted with petition of the Rock
bridge Alum Springs Company. asking
the court to appoint Commissioner to
take state and settle certain matters. Mr..
Blair said that the duty of the circuit
court in this matter was exclusively minis
terial and consisted in obeyiIg the man
date of the higher court, making the de-
cree for sale, as directed. He predicted
that the court would End, before it got
through hearing the case, that the object
of counsel on the other side was to reopen
| the case.
MIR. Cochran read the opinion of Judge
Mclaughlin at the last application for
decree of sale, to the effect that the duties
of the court in this case were not merely
ministerial, but it was its duty TO ascer-
tain and define certain rights involved. MI.
Cochran cited facts to show that the very
decision of the Court of Appeals itself had
created new rights which would have to
be settled, and that of the Campbell
heirs was one of them.
Judge Christian took the same ground
with Mr.. Blair. and said that the only
matter before the court was whether it
would obey the mandate of the highest
court in the State, The question was not
one for counsel; it was simply whether a
subordinate court would obey the decree
of supreme court. It made no difference
what counsel were present or who we're
absent.
After few remarks 10y Maj. Elder, the
court announced that it would adjourn
the hearing to some day on which counsel
might agree. Counsel agreed upon July
81, and the court adjourned.