The times. [volume] (Richmond, Va.) 1890-1903, 1892-11-20

had never. In my life. read or heard OF
Era ff,c in graves. and the monuments that
marked them: and l must confess. tnat
7 Ala not dream that IL could enter into
the imaRfnation OF man to make mer-
chandise of the remains or MARY the
mother of Washington. or that any sane
man could be bribed to oner them III
auction. had no title to the monument.
and I knew I had none, and nay deed OF
record proclaimed to the world tnat 1
had none. gave no authority to any one
10 offer my lots at auction, and nothing
contained in said papers given Colbert
and Kirtley could be so construed. i
attached but little importance to the
option when / gave Ii Qor insertion IN
their proposed catalogue); and certainly
no one, not a prophet, could have fore
seen the use that was sought 10 be made
of 1t, and its utter perversion from a
simple authority to sell two lots, given,
by the owner, TO a firm Of land agents
into a sensational scandal and reproacn
upon the community and the nation.
On the 18th Of March. 1889, Colbert and
Kirtley published a card to vindicate
themselves. in which they say: Mr..
Shepherd put this lot in cur hands FOR
sale" Had Mr.. Shepherd come to US
when first informed OF our intention 70
put this property upon the market, and
made the statement he did in his card
(of the Sth), &c, &c, we, doubtless,
would have consented 20 release him from
the contract" &C.; and, yet, these land
agents Of Mr.. Shepherd to sell his lots.
for a commission, tender to him on
the 18th day OF April 1882 $500. and
say, "our Mr.. Kirtley will hand you the
cash upon the delivery OF the deed.
properly executed by you and your wife,"
which deed, prepared by themselves,
was deed to themselves,
Colbert and Kirtley, conveying the monu-
ment lot (No 25) and the monument and
shaft, with an express covenant in the
deed. that George w. Shepherd had the
right to convey the monument and shaft,
and expressly granted the monument and
shaft in addition TO the lot And the
declaration in this suit alleges. that
George w. Shepherd, the defendant
promised and agreed to sell to the said
plaintiffs Colbert and Kirtley), GER
tain lot of ground in Fredericksburg,
Va, containing two acres OF land to-
gether with the Mary Washington monu-
ment and large marble shaft on said lot
for the sum Of $3.50; and that the said
plaintiffs, Colbert and Kirtley. were
ready and willing to perform. &c, and To
pay the said sum of $500 for the said lot
of ground. and monument and shaft,
ana 10 complete the purchase tHcIeoI'
and requested that he, the defendant,
should then and there execute and de-
liver to them, a conveyance of. and to
make title to, the said lot Of ground,
and monument and shaft.
Without further recital Of the de-
tails of this horrid ransaction-stamped
all over with the fraud, false pretence
and deceit OF the plaintiffs in error
we are of opinion, that, upon the plead
ings and evidence in the record, the
verdict OF the jury is plainly right: and
that the Circuit Court Of Fredericks-
burg did not err in refusing to set the
verdict aside, and in entering judgment
thereon. The judgment complained Of is
right, and it is affirmed.
AFFIRMED.