The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-04-07
CIRCUIT COURT.
Judge Blair Disposes of Many
Important Gases.
The ROANOKE TIMES BUREAU, I
HOTEL LUCERNE, SALEM, VA.

HOTEL LUCERNE, SALEM, VA.
Judge Blair rendered his decision in
the case of Adams, Clement & Co., VS..
w. II. Trevilian, Mrs. D. r. Beale and
S. d. Libert.
The facts were that certain lot be-
low the Norfolk and Western railroad
on Union street belonged to Mrs. ID. r..
Beale, who rented this land at $40 per
month. W. T. Trevilian built thereon
a small store. The carpenter and ma
terial man not having been paid, lien
was filed against the property.
1t was contended on the part of Ad-
ans, Clement & Co., that the store, be-
ing erected with the permission and
knowledge of Mrs. Beale, not only the
store, but tho land also should be sold,
in order to satisfy this lien, the build
ing alone being insufficient. The court
decided that Trevilian should be given
thirty days to pay the same, otherwise
execution against the house and lot.
This will be interesting to lumber
dealers, as this is the first time this
question has received judicial interple-
tation.
VIM. M. Montgomery appeared for
Adams, Clement " Co., and Z. Lockett
for the defendants.
The case of D. C. Slower VS.. b. G.
Morgan and others was compromised.
j. Youpge, q Roanoke contractor,
contracted to build number of houses
for the Salem Development Company on
its land. The company paying accord
ing to contract at certain stated times
Mr.. Younge having contracted several
debts for material and labor upon said
hr; hn rnnfaccnA in60mRnt in
favor of number of the mechanics and
materialmen, who issued execution to
the sheriff and q levy was made upon
the lumber, hardware, etc, upon lands
of the said company. This levy was
opposed by the Salem Development
Company on the ground that they hav-
ing overpaid Younge and as their pay
ments were made on an estimate based
not only upon the work done, but upon
the material to be USED in the construc-
tion of the said buildings, their claim
was prior to any other
1t was commended, on behalf OF MIR.
Younge, that the material, never having
been placed in the said buildings, and
on various other grounds. that the
claim of the company should not be al
lowed. When all the testimony was in
court adjourned until this morning at 10
o'clock, when arguments will be made
before the jury.
Col. Il. Ii. Logan and Major Griffin
appeared for the Development Com
pany; Il. Lacy Hoge, R. E. Scott and w.
M. Montgomery for j. Iounge and
various other creditors.
The case of the laborcrs, Scipna, Cal
loway and others, VS.. n. Hickman,
controversy relating to wages due them
by Rutherford & Bosley, who were sub
contractors under N. Hickman, the lat
ter being the general contractor for the
Salem Improvement Company. Prop
erty in controversy being what was
then known as 1.-The candy kitchen"
but now the Hotel Brunswick.
Rutherford, partner of Bosley, having
received money duo them by N. Hook
man, left Salem, leaving his partner
and the workmen in the lurch. The
laborers prodeeded to file q mechanics
lien against N. Hockman. The court
decided that Hickman could not be held
liable, because no previous notice of the
wages due had been given him. VIM.
Simpson appeared for compliments,
Colonel Logan for respondents The
case was an interesting one, and was
ably argued by both counsel.
OSCAR CASPER DISAPPEARS.
In Debt to His Employer and Several
Other People.