Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-11-11
PETERSBURG AND VICINITY.

! An important Case Decided-ValuabIe Miu
Property Ordered to be SoId-The virginia
Conference Local Notes.
! Correspondence ofthe Richmond Dispatch. !
PETERSBURG, Nov. 10, 1885.
Judge Bassett French to-day render
ed his decision in the suit of the Upper
Appomattox Canal Company IS. The
Petersburg Cotton-Mills, a case which
has engaged the time Of our Hastings
Court for several days. In 1875 the
Petersburg Cotton-Mills leased Of the
Upper Appomattox Company for the
period Of eight years, commencing Au-
gust lst, and to cease and be deter
mined on the lst of August, 1888,
certain mill lying on the water-line
of the company's property-certain
water rights being included in the lease.
On the 18th Of April, 1888, the presi-
dent of the Upper Appomattox Com.
pany and the Cotton-Mills Company
entered into an agreement, which was
duly signed, whereby a renewal of the
lease was effected for five years from
August l, l8S3-the date of expiration
OF the first lease. This agreement was
duly recorded on May 7, 1888.
On April ., 1888, the Cotton-Mills
executed deed conveying to K. W.
Baldwin (amoDg other things its plant
in the said mill to secure the payment
of four negotiable notes, of even date
herewith, for the sum Of $4,000 each,
payable to the order of Davis, Roper |
X Co., six months after date, at the |
Hanover National Bank, in the city Of |
New York. The lease having expired |
on the lst Of August, 1888, the
lessee having paid the whole rent
due up to that date, continued in
possession Of the property of the
Upper Appomattox Company up to
the Sd of April, 1885, when the
Cotton-Mills Company ceased opera
tions. The Cotton-Mills promptly paid |
the rent on the property from August
!, 1883, as it quarterly fell due until
November /, 1884, when the Cotton
Mills made default in payment of The
rent for the quarter due November /,
1884, and continued in such and
further default up to April 3, 1885,
when they made an assignment Of all
their effects in trust for the benefit Of
their creditors, without preference. Un-
der decree Of the court the commits
sioner appointed in the case fled a re-
port on October 2, 1885, in which he
made special report on the claim for
rent set up by the Upper Appomattox
Company. The commissioners report
recited the facts above mentioned. and
hat the sum Of s94l was due the Up
per Appomattox Company by the Cot
Company. The lessons there
ore set up the claim that their demand
or rent had priority over the
len created by the deed of trust
rom the Mills Company to r.
". Baldwin, trustee. To this report
Trustee Baldwin and the other de-
endants filed exceptions, and there
lpon the question was raised: "When
lid the tenancy of the Cotton-M Mills
company commence under the agree
nent Of April IL, 1899" In an
laborate opinion, rendered to-day,
udge French discussed the legal points /
nyolyed. Concluding, he said any
pinion, therefore, is that the deed to
baldwin (trustee) to secure the pay I
lent Of the notes therein mentioned
lust take precedence of the land
,rd's lien, and that the excep-
ons taken to the report of ,he COM
Missioner by X. w. Baldwin. trustee, q
als., must be sustained" Counsel T
i the case were Charles r. Collier,