Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-01-16
JOHNSON HEIRS WIN.
COURT OF APPEALS susTAiNs THE
LAMENTEo FlTzHUeHiS RULING.
Ills Opinion Adopted as that Of the Higher
TriounaI- History OF tho Proceed
ing--Other Cases.


In an opinion delivered by Judge Hin
ton, and in which all four of his associates
concurred, the Supreme Court of Appeals
yesterday affirmed the judgment of the
Chancery Court Of Richmond in the case
of Wbitlock against johnson ct ais.
In so doing they paid such compliment
10 the lamented Fitzhugh az few judges
have ever received at the hands Of this tri-
bunai.
They do him the honor to say that
"aftsT careful examination OF this record We
find that the opinion OF the learned ceasceIQr,
the late Edward n. Fitzhugh, who decided the
Gaze in the court below and whose opinion is made
part Of The record. so clearly expresses me
views Of this court that NO adopt 1t as our own"
FACTS IN THE CASE.
This case is quite an Interesting one and In
yolyed some very important questions
In the year 1858 proceedings we're had 70 sell
the propcrty of Rdnund +. Petucolas, who had
become insane. The property vas about an acre
~ ground at the corner Of Grove and Plum
street,, then In Henrico county, but nog IN
the .ciy and In ihe growing West h iiS;
Al this sale DIR. Carter r. Johnson bought
three lots. paying part cash and giving
three bonds for the balance running one, two,
and three years. la 1874 DR.. Johnson VINO was
q son OF the DISTINGUISHED lawyer, Chapman
Johnson was lost at SEQ, aud his administrator
his brother, George y. johnson, aud Captain A.
i. d. Gili0rd--qual1ed on bis estate. Mr.. John-
son died shortly Afterwards ana captain Sln9Iu'
who was On English gentieHlss, settled IN VIZ
ginia.
CAPTAIN CLIFFORD LOST AT SEA.
In the early part OF 1861, IN anticipation Of the
war, Captain Clifford went 10 England ana on his
return in i. vessel loaded with all manner OF
supplies was lost at sea, She vessel never being
heard OF otter she sailed from England.
Dr. johnson left two children, both very
young, at hts death and the lots bought py MIN
were never decided 20 him, ard on account OF me
death Of himself and administrators were lost
sight Of.
Alter tho war when the limits OF the city wore
extended In 1857 as 70 include those lots, tney
were put upon the assessors DOCKS in the name
Of die Pettcolas estate. No claim wGs made 10
them and no taxes paid until 1884 In that year
the widow and child OF the only son OF inc eIIer
Petticolss being informed OF this property con
veyed the lots % Dir. Reddy ana MI Ullman,
who In turn conveyed them 10 Mr.. Charles L.
Nhiuock The two children OF Dr. Johnson
never resided In Richmond after the war, and
after they were grown both led rather wander
ing lives
THE SUIT BROUGHT.
For the first time In 1886 they we're informed
Of the purchase Of THIS property by their father.
And having ascerta,ned from tho administra-
TORS accounts mat the bonds for the deferred
purchass-mOney had been paid, they brought
this suit against Mr. WhitlOck.
entitled TO the property, and tue Supreme Court
affirms that decision, and without Writng thelr
opinion, as usual, adopted the opinion Oh Judge
Ftzhugh, which was an elaborate and very aDie
one.
NOT GUILTY OF LACHEs.
The Court of Appesls hello that Mr.. Whitlock
and others ought TO have ascertained the facts
showing the lille Of the Johnsons from the re-
cords aud that as the JOhnsOns were ehJnelJ
ignorant Of their right they lost nothing by the
Near It's conclusion, after fully reviewing the
history OF the case. the opinion says:
do not think the plaintiffs have been RnlIy
OF lacheA They were very young when these
transactions occurred. The untimely death OF
DIR. c. p johnson aud OF Clifford. his administfa~
tor deprived them of the persons VINO mad an
could have Informed them what they Wefe
While in their minority they were remover Do
yond the limits Of the safe, and for a great
part OF their minority lived abroad. After De-
coming of age they led wandering Iives-one
as teacher, the other as an engi-
neer-apd almost the whole time in other
States than Virginia 1hey hal no COZ
nectlons or correspondents here, ana we're W.
terly ienorant OF their rights until short time
before Institution OF this suit. As soon as they
were informed Of their rights they took active
and vigorous measures TO enforce tnem. Ine
evidence In this case IL mostly documentary
and 40 accessible that counsel had no diniculty,
n aeeIns IN agreeing upon the facts upon which
the case turns. Nothiug had by lapse OF ume or
ldches become obscure.
There is no room for conjecture. The path
wng 10 a full and fair sscertaiument OF tho
rights OF the parties lie open and plain, with no
obstruction to the attainment OF complete Jus.
tee Under such circumstances the doctrine OF
laches does not apply. tWisler va Crsig' oO a.
nossrs. W. W. and Bev. T. Crump and VIII
liam EjIVson were counsel for the JOnnson heirs,
and Messrs Ii. q. Cannon and Leigh X. rage Tor
MIR. Whitlock.
other Supreme Court Cases.
ludlow against the city Of Norfolk. From the
Corporation Court OF the city OF NoIfolE Writ
of error dismissed as improyldently awarded,
Judge Lacy delivering the opinion. This Is
case in which on the 10Th OF last June the city OF
Norfolk filed Its petition in the corporation
Court. praying that certain real estate IN mat
city be- condemned for public grounds. Ludlow
app ared and moved 20 guAsh the petition ana
Proceedings I'm the matter, upon the ground that
The city OF Norfolk had no authortl TO condemn
the property for the purpose OF establishing,
LAYING out. and maintaining public grounds as
prayed for. This motion the Court oYerruled
ana appointed commissioners TO assess the
damaged Ludlow excepted and obtained
writ OF error and took the case TO the supreme
Court and tho case was dismissed on the ground
that the order OF the Corporation Court was In
terl0cutory and not final.
Thornton against Carr and others. From the
Circuit Court OF Greene county. Reversed at
the cost OF appellant Judge Lewis delivering
the opinion.
Richmond aud Danville Railroad Company
against Rtsdon's Administrative. From the Cir
cut Court OF AlOemarle county. Reversed,
Judge Lacy delivering the opinion, Judge
Lewis dissenting. Judge Hinton not sitting. In
March, 1883, Kisdon, a brakeman, was killed by
catching his foot In d frog al AleAandrla ana Dis
recovered Judgment for S7.2Jo.
Richmond and Danvllle Railroad Company
against Yeaman's administrator. Rehearing re-
fused. .
Hall against Farmer. Further argued by NJ.
NJ. Gillian, Esq, for appellant, and Major John
W. Rely for appellee. and submitted.
Edichal Bullion Company against COLUMBIA
Gold Mining Company. Passed TO March term.
Tyler, receiver. against Ricamore. Argued by
w ii. Trayers. ESD, for plaintiff In error.