The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-10-22
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ed until the order Of the Court would send
for them.
The case Of Brady was SIT for trial on
next fhurday. Judge Gregory viii appear
a. his counsel.
4 number Ut cases. in which parties from
Richmond are charged with selling coupons
without "A license wa, set for next Monday.
The Judge did not set day for the hear
ing Of cases where the yeriiicaiiOf rendered
by several Of the barkeepcrs in payment 81
their license taxes.
MAYORS COURT.
The Mayor had a number of cases on his
docket Yesterday morning. bat most of the
accused did not materlaliIc. There was
difficulty in getting the prisoners and the
Witnesses present az the same time. The
result was that several attachments were
issued.
As the result of the above. only one case
wa, tried. That was "a small one. Two
boys of dark color tried 10 beat their way
on a Manchester street ear. Their names
IRE Bubble Hicks and sim scott. They
were taken on the ear Boy a policeman. and
yesterday the Mayor required them 10 pay
l.gJ each.
R0BfNsoN-PERDyE CASE.
several times has this case been mentioned
i'm the TIMES with fun explanation of tho
cau~e. Yesterday JUDGE Ingram gave his
opinion i'm the ease.
The points involved are: some wears ago
". J.. Robinson purchased a house and TOT
on the corner of Twelfth and cambridge
streets. and -. VI. perlue became the owner
Of the brick dwelling and lDt ON Bainbrdge
street once owned hy Nr. Linden =. Clarke.
Between these TWO houses WAS vacant
lOtahout tthirty-fhree feet in width.
separating this Ion from the .one
now owned by Mr.. pcpluo was "a fence
erected at the time Mr.. penluc'- house WAS
built. ana 10 seems that this fence had been
taken an along as the dividing line between
the vacant lot and Mr. perdue'- house.
This fence Wa- a foot or more from Mr.
porduo'- house. Mr. Robinson. Who owned
fhr vacant lot.drcided io build ID ID. and.
getting the measurements Of bis property,
found. ash o. believed. that his lof ran upfOfhe
wall OF MI Porluc'S hou-e. lie dug trenches
accordingly for ilr foundation m his new
house. Mr.. Pcrduo resisted. claiming thar
Mr.. Robinson had exceeded his limit. and
il eliminated hy fhe matter reaching the
llu-tings ,Ouri for decision.
One of the point, raised hy Mr.. pcrdue
WITS that of certain rights in 0i ii-ht and
and air. The court held 'hat even
if The doctrine of au implied grant Doe app
Piled in favor of grantee. there i- much !
ie-- reason t0 apply b. IN favor Of the grant |
Or: and 10 may Doe safely asserted that uO- |
whore 100 England coz America can .rani0r |
Who ha, sold vacant lof without rr-tric- |
ton or re-trl alton. having bats dwelling I
h0u-e adjoining. retain an} implied right |
fO prevent this grantee from erecting aaN /
building ~ structure On the land granted /
even though if should iniorff re with the |
li-ht- and windows Of hi- OWL house. Tine |
contrary uiie would clearly der01ate from /
bis grant since Doe CONVEYS a i.e mre-irici- |
td and rnIrs ',f nlfnnt fIns '.f 0f inni. I
Authorities In abundance were quoted t0
-uh~tintiufo the above.
The Court further said. elf We bear DOB
mind that u. J.. Robinson succeed. Ori-hi~
IT his srant0r BouiWarr. trustee. who was
the grantee Ot the vacant l0t adjoining fhe
h0u-e of ine erant0r Clarke. and that There
Was nO EXPRESS reservation 90 amy right~ ofl
li-ht and air in ihr grant tO BOulwaro. 10
viii Doe seen that DO easement 81 light or
air could exist hy implication in favor Of
Clarke. -rni0r: SD. Likewise. can there Dee
no easement in favor If the grantees Of
larhe. which urocludc- the right tO any
easement Of lighf 0r air in favor Of the
plaintiff =. ". Pe1lue. bg implications"
The result ~ tine decision J., tlAlf Mr..
Robinson cam build his house ON the Dot to
Mr.. lcrdue', wall. Mr.. l0uue'- fight T.
lai in doing -O This Will close up al thaI
leiu- built that way with the belief that
Doe lence line was The line Of the properfv.
The possibilities are that Mr.. Pcrue wIl
appeal. His counsel j. MIR. Charles
Page. judge W. ]. lloplon represented
'lr. Robinson.
BRIEFS And PERSONALS.
Revival -erTicor Will he held at Central
Methodist hufch tomorrow. THURSDAY and
friday ni-tt, with possibility of COM ,
iuuauce next week
\ flock of geese We're run into hy train %
20 the Richmond amt Petersburg Railroad. b
c,iiiing Do the death al seventeen out Of a "
uck If tWcnty-seyen. u
The Nice-prosidcnis of the Campaign Club 5
md OBJ, city 'ommifree met i'm their rooms
Do Leader Han last night.
Miss Helen Hicks. of Richmond. j. visit
lg The MISSES Davis. on CloptOn HILL =
Miss Lila baliowc has gone 10 adiz. Nv.