Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-11-21
RIGHTS OF CHURCHES.
TWO cAsesof THIS KIND DECIDED ~
ybestpgsMe COURT.
On. Acse,s tho ola sidney and tho Ofhsr
f.ip Favor of NORTHERN methoSists--
Other Opinions


tsrday decisions were rendered in two
interesting cases in which the right and
title to valuable property belonging
10 the Methodist Church in Virginia
were settled.
The frs, Of these, Hardy, trustee, cs.
Wiley. concerned the ownership OF the
property on which the Sidney Methodist
church. OF this city. formerly stood.
Many years ago this lsnd was be-
oncs,hed by Mira Pcmberton with the
condition that Methodist church should
be built upon il, and that it should he
used for thst purpose forever. After
thirty years use tho building, which was
Of wood. WINS unfit for further occupancy
and was torn down. the congregation
changing 20 tne Park-Plac church. Tho
trustees cold tho lot and invested the
proceeds IN n parsonage. The heirs
brought suit for tho property.
NO DIVERSION.
Tho oninion, which was delivered by
Judge Hinton and concurred in by
judges Richardson and Lacy, held that
there had been no diversion OF the
fund.
Judges Fauntlcroy and Lewis dis
eanted, the latter claiming that when the
congregation went into "Mr. PAGES
church the trust ceased to exist.
NORTHERN MFTHoDisTs WIN.
Finley against Brent wns n case IN
which certain church property left TO the
Mcthodists in Northumberland county
before the denomination divided into
the Northern and Southern churches was
in litigation When the war wGs over the
Southern MethoJisls were left in posses
sion. Later on the Northern wing came in
and claimed the property on the ground
that the others were not the original de-
nomination 20 whom the church be-
IoDgcd. The opinion Of Judge Lacy. in
which the entire Court concurred, de-
cifed in favor Of the Northern Metho-
dists and reversed the Circuit Court Of
Northumberland.
WARWICK RLFCrtON VALID.
In Craford end others against the
BOARD Of Supervisors Of Warwick coun-
~ urettv fine point WAS raised.
The Legislature bv special act autho-
rizcd tho pcople of Warwick 20 vote
mon the question Of moving the county
court houso whenever a petition asking
FIR the election should be signed by per
sons paving one third or more Of the
foxes of the county.
The point in controversy was II tho
,-orl "persOns" included "cOrporn-
tons." without whose signature no cleo
Non could have been held. Judge Faun-
rcrov delivered the opinion, which
stated TINT il WIS manifostlv the intent
~ the Legislature 10 allow the corpora
fions 10 sign The petition for the election
which would have 10 be decided by the
q1alifcd voters 90 the county. The ac-
ton of the Circuit Court OF Warwick
county in dissolyinR the Injunction
Granted Lv Judge Ingram. Of Manches-
ier. WAS affirmed Judges Hinton aud
richardson dissenting.
TWO oFrENCEs IS ONE.
In Arlington against the Common
wealth the CORPORATION Court Of AlcXan-
6ra was sustained judge Lewis deliver
inc the unanimous opinion of the Court.
Arlington was in lictcd for selling liquor
on sunday and for selling without n
lrauec. The two offences consisted OF a
single net. Numerous authorities wore
omoici 10 show that when an offence Is
proinst two statutes the accused can be
indicted under each.
NO JURISDICTION.
A.. op1 I1onvi1Io
ra'rnsd against Reed and Truett grow
i1c ont Of land condemnation proceed
ires in Nansemoud county, were dis
missed In each instance the sum in
volvcd was less than that requisite for
lurslictiOn-2501.
Judge Tacv in delivering the courts
opinion sni1 the writ Of error had been
enormously allowed.
COURT SUSTAINED.
Aitornov-General Scott reported that
d. United States Supreme Court had
sustained the decision Of the Virginia
Supreme Court in the case of George 5.
Nashon as. $. G.. Greenhow.
OTHER CASES.
ludlow against city Of Norfolk. Put
ON privilege docket for January term.
Patterson against Eakin. Petition to
rohear ovcrrUlcd.
Webb against Pit2er. From Circuit
Court % Roanoke county. Affirmed by
consent
Nom against nulauy. Argued by
Hon. T.. G.. EWks for appellant and
james L. Brooks, Esq. for appellee.