Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-01-27

Cause.
In The Chancery Court yesterday Judge
PHI heard argument In the matter OF
Johnson ". whitiock ct ais, after which
the case was submitted for decision.
HISTORY OF THE CAUSE.
To 1859 DR.. Arthur r. PeticoI.s nied .
petition In Henrico County Court 70 sel lug
lands OF u. +, Peucolas. then situated 10 the
county. but now fby the extension OF the
cornorste limits, In The city, on Grove ave-
nue. near the corporation line.
DIR. Carter T.. johnson bought three OF the
lots Of the land now Ia controversy, PAID one
one fourth cash. and gave bis notes al one,
two, and three years.
LOST AT SEA.
During the next year, before the drst OF
these notes fell due, DR.. johnson went 10
Europe. and on his return home IN Scptem-
her. 1854, wps lost at ses In the Arctic,
which vent down of the shores Oh New
Foundlaud.
ANOTHER VICTIM OF THE SEA.
A. r. ID. Clifford, a brother-in-law OF DR..
Carrier F., Johnson. qualified a. his admins
traitor, lie paid or the notes given by Dr.
Johnson for deferred payment OF purchase
money. but neglected to ask for or obtain :
deed for the property. and In 1861 or 1857
Mr.. Clifford sailed for Europe, and on DIS re-
turn home he also was lost at sea.
THE PROPERTY.
Tho lots ia question were never listed IN
| the lond.books in the name OF DR.. Johnson
Int continued in the name OF Il. L. Peticolas
until n few years after the war, when a bro
tber Of General Schofield being the CITY
| Assessor, they were put upon the land'oooSs
by Mr.. Willism II. Talmsn, bis deputy, IN
| the name OF DIR. A. Il. Peticolas, deceased,
and 80 continued uotil 1884, when they were
sold at auction by the widow and daughter
OF DR.. Peticolas, who died about the close
a, the war. After his death these lots
were placed upon the laud-books IN The
name OF DR.. A. +. Peticolas, his widow, Mrs
Y. NJ. PeticOlas, and his daughter, Mrs
| Cora p. German, being ignorant OF the pur'
chase by DIR. johnson, and OF the Tact tna'
he and his administrator had paid for then
and were entitled 10 4 conveyance, ana sup
| posing that this property still belonged tc
DR.. Peticolas's estate. put them In the hands
OF q real estate agent for sale.
II 1884 SALE.
In 1884 they were sold at public auction
and bought by J. V. Reddv and e. Ullman'
The latter soon after conveyed to the former
The lot bought by him, and in 1885 MI
Reddy conveyed all OF the lots TO Mr.
Charles L. whitlock, who paid foil value
and held them without any knowledge o
the claim Of JohnsOn's heirs until this SUI
was brought in March, 1886.
PLAINTIFFS.
The plaintiffs in the suit are Chapman l.
Johnson and Jane +. johnson, children o
Dr. Carter +. Johnson, who became OF ageiu
1869 and 1871; but they allege that tbeI
never knew Of their title until q short tlm'
before the suit was brought, they hayln.
been absent from the State since then chlld
hood. They do not charge mdtd Jldes u
the widow and heir OF Or. Petlcolas II
making sale Of these lots in 1884, but aileg'
that they suppose that they had full rlgh
and authority 10 do so, being led to beneV'
that the property belonged 70 them ny una
ing II on the land.bOoks charged to DR.. Pet
ticoiss and by having the tax-bills presented
to them for payment.
THE CASE.
This Il an exceedingly interesting case
and Whatever may be the decision OF JUG
FItzhugh it Will doubtless go TO the court o
Appeals.
The defendants rely upon the want O
notice and refer to the statute OK limitations
Counsel on both sides are equally conn
dent OF the right Of their respective claims
Judge w. W. Crump and MessIs. d. /
Ciump and William Ellvson are counsel 10
the plaintiffs. Mr.. II. g.. Cannon represent
MIR. WbItlock and Courtney q Patterson
MIR. UIlman.