Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-01-23
JONES'S HEIRS WIN.
SUPREME COURT DECISION TO WHICH
MUCH LOCAL INTEREST ATTACHES.
The Chnncery Court Reversed In Case In
voIving Valuable Real Estate-Tele-
graph Suit Dismissed.


The Supreme Court of Appeals yester-
day, in an elaborate and carefully-prepared
opinion delivered by Judge Fauntleroy,
reversed the Judgment of the Chhncery
Court Of Richmond in the case OF Jones e
ais. Us. McGruder ct ais, which involved
the ownership OF valuable real estate IN
and near Richmond. and to which con-
siderable local interest attaches.
This suit was brought by jenkins NJ.
Jones, Mary L. Brock. Nj. J. Brock, Mamie
Marshall, Ella w. Jones, John n. Jones,
and Morgan T. Jones, the children Oh John
% and Sarah T.. Jones, OF Henrlco county,
against William N. McGruder, Johh Il
Jones. and Jere W. Jones, OF Henrico couny,
in the Chnncery Court OF Richmond on tne oIn
OF august 1857, and the Dill sets CUT tnat alleI
long litigation between John z. Jones and Sarah
T. Jones his wife, concerning divorce, nbu
considerable amount Of real estate In kicnmond
and Henrtco couuty. negotiations began oetWeen
Mr. Jones and her husband ,or da,srro,nea uryls
that the prof erty should be divided, drs. Jones
having portion In fec simple ana John 4;
Jones q portion in fee simple: In ordeI 10 Eest
their respective portions In them Iree from tne
marital claims Of each other. IL was de-
cided tba they should both join IN
deed conveying Mrs. Joness portion
Thomas n. Carter, who, h was undors.oo..
was Immediately 20 convey II directly 10
Mrs Jones He did so. John Z. Jones's portion.
as was understood, was 70 be conveyed 70 some
third party, who, it was expected, wouIu IN @ mhe
manner convey II directly TO John X. Jones. inc
parties selected by counsel Tor John Il. Jones
were William McGruder and Jere W. Joness
MIS- Jones having refused 70 convey 70 Johu l,
Jones' 1his conveyance TO Jere. W. % ZONES sup s,
William McGruder was made on the 24tn Oh no
vember, 1856
HErRs BROUGHT SUIT.
After these convoyapces were msde william
NJ. McGruder and Jerry Jones, lnsleau oI con-
veying 20 John Y. Jones, claimed the properly a.
their Ogn and borrowed $500 on H. SUIT was
then brought By tho heirs Of John X. Jones, VINO
had during this time died, claiming thst INC
property did not belong 70 William III. hcStu-
der and John II. Jones, but 70 tneIn, ther IAther
having onsidered them Jones and AcCruder) ss
trustees for them. John T. Jones was also niane
party 20 the suit He was the real party bayins
put forward his younger brother, JetIy JOINS, ,
simply 70 hold the tile for him. After the suit
was Instituted tho defendants brought iorWhru
n contract made previous to the ABOVE ueeuI-
that Il, on the 18TH October, lsSB, unoer Whicn
they claimed that John K. Jones hao soIu @ theIl mem
his interest In the property for t4OOO. inc helrs
of John Z. Jones claimed that that contrac1 "as
obtained from their father, who was AT mat usuo @
of very feeble mind, by fraud and undue lhnu,
ence pTacticed on him by John 1. Jones hhu
William NJ McGruder, and that John 4. Jones
mover intended u soll his properly 70 tneIl' ouS
only expected them to hold itfor him.
THE LOWER COURT.
The ChnnceTy Court Of tue city OF hlcnmOhu,
upon tho 10Th day OF November, losy, held that
John 4. Jones was on tho AIh DAY OF NOVeinueI,
1850. of sound mind and capable Of attending to
business: that the contract aud deed asked 10 DO
set eside Tero not obtained by undue or lul-
proper influence; that John 4. Jones WAS not Ia
tsrefted In them nor In the properly OonIsyeu,
that they were mado fairly and for valuable
consideration, and we're Intended by the parties
to be absolute sales, with no secret trust result
lag 70 John 3. Jones's heirs; thht nnllsn ~.
McGruder and Jere. Jones acquired sll OF John hn
F. Jopess property In Zoe elinpie' anu 'Na' '"'
bill should % dismissed.
TIE DECREE SET ASIDE.
From this decision Of the ChAncery Court the
| heirs Of John Z. Jones appealed TO the supreme
| Court, which held thai tho Chancery Court erreu
ia refusing to hold that tho contract OF octoDer
| ~. 1896 snd the decd OF the @th OF November,
! Issg we're fraudulent and were procured Dy un-
| due influence nrtfully and systematically exert,
| cd over aud upon John X. Jones, drunken ara
helpless wreck OF his former sen, Dy john ~ r.
Jones william ~. McGruder, and Jere. w.
! Jones' and In not holding the nominal grantees
in the said decd OF November "a, 1886, from JOhh
| n Jones aud Sarah Y. Jones, his wife, 10 william
| NJ. AcGruder and Jerc. W. Jones, 70 DC trustees
| for tho children and heirs az Law OF JOnn 4.
Jones' deceased, and In dismissing the OIL oi
! the cOmplainAnts. .,,- ..
Tho counsel for the plaintiffs In this case were
! PeRram IS &StrlngfeIlow and Pogo Garter, and
| for the defendants Messrs. VI. NJ. Gillian, sam
! uel Davies. and Thomas y Martin.
one Of the Telegraph Cases.
| .Jpdeea Iewis delivered the opinion OF the
| cruyt in mo case Of tbs Postal Telegraph Cable
Company against the Norfolk aud Westerh tall-
| rosd AMI all OF the other sittlng Nom bots coz
: Cured except Judge Richardson, who di5sented'
| Thls WAS a writ OF error TO judgment OF the
Circuit Court Of tho city Of Petersburg, reversing
! a Judgment Of tho County Court OF fflhce
| George. The County Cohr', on no ap-
| q, ,ba al v, after long
| controversy. appointed commissioners 70 aseer-
ltain and 1x a just compensation 70 DO palu Dy
| the telegraph company TO the raliroa1 company
| for the r1ght 20 erect tts line on tne rlShb
| of way OF the railroad company In RTiDce
George. The railroad company applied 10 Ihe
| Circuit Court Of Prince George county TOT Wrlt
| Of error, which was granted, ana the Ssso "'ls .
| removed by consent 20 the circuit NoutI Oh
| the CITY OF Petersburg. In the latter court,
| Judge Hancock presiding, the order OF the
County Court was reversed ana inc case % uls'
missed. ThereupOD tho Telegraph company
| applied 10 tho Supreme Court anu oDbalheu
| thorefrom writ OF error.
WHAT TIE coUBT DECIDED.
Tho surreme Court decided that the Circuit
Court erred in granting tho writ 0i error, anu
| thst tho same WAS tmprovidertiy a"arded anu
| reversed the Circuit Cosrt
! Thls case was controlled by the case OF Lud-
low Vs. the city Of Norfolk, reported In this paper
last Friday. .., -.
The telegraph company was represented by
Mr. Edgar Allan, Judge Z. q. Burks, ana d.
samuel Parrish, ESQ.,, and the railroad company py
| by Judge w. X. Staples. Judge George D. per
nard, Major Robert stile4, and Judge a. L. hol
| laday. - .,
Hall against Palmer From the Circuit Court
OF the county Of Halifax Amrmed, JuIgo Icy sS
partition Of lands in Halifax county ana 10 ~ % tho
true construction OF the wili OF the iste rhiiip
| johnson, who died in lSi9. Tho sections 10 uls-
-. ID NVh
| 6ueathen 20 his Ave daughters two thirde OF bis
! estate then In possession. The iaVter ulrectod
| that the whole OF susan j. Halls end snOther
| daughters interest in the estate DO heio py nls
| executor, &c, for the sole use aud benent OF
them during their life aud al thelr aeatn "'1
| JalaHee II any 20 their children"
| Mrs Hall died leaving her husband and one
con- The son lived TO be twenty years OF age
| and died, his father surviving. The father mar
RED a second wife and died, leaving her sur
| yiying and by his will devised the lsnd IN ques-
tion 20 his second wife. the appellant mere; -.
This controversy arose between the blooS o!
Elijah c. Hall, the appellant, and the helrs az
law of Susan j. Hall, his frst wife, aud the de-
| yisee under the will OF Philip johnson, anu the
| question 20 be decided between them 10 What es-
tsto did tho said susan j; hsll tase unuof 'no
| will of her father set forth above. ,
| The Court held that the clause underscored
was void both for repugnancy anu unceI ~ ~
| aud sustained the lower court IN cobstrui .ua
Mrs. Hall took al eDSoluIe hhu ieo-silnp'o 'H''i
Bruce ecainst John l. Roper Lumber Com
| pany From Circuit Court Of county OF Nanse-
mond. Anirmed, Judge Hinton deh'etlne
Kerr and ala. against Clark and others. Fur
| ther argued by A. ". Mcdonald and j. J. VIII
liams, Ksq, for Appellees, and continued Until
to-day. "
WILL FEEL THE COUNCILS PULSE.
Tho Lee District People Appoint Com