The times. [volume] (Richmond, Va.) 1890-1903, 1892-03-11
WITH UNCLEAN HANDS.
,y,rD IN 4 SUPREME COURT CASE.
,,are TauntIeroy in His Decision Tells no"
the Appellants Tried 60 Let Mother "e'
All She Could Out OF the Land


inpor,ant one was that in tho case of
,.fres and others against tho Southwest VIZ
.,i, improvement Company and others.
The case came mp on al appeal from the
.,..,.t Court Of Tazewcll county. There
...-e originally two suits Of Charles +. Jefres
"a others and Albert Jodries against the
..e ie,endants. and they we've consolidated
I'll The object was TO annul decree Of the
-...,.. Court Of Tazowei county and 20 an
Island declare void deed made by the COM
..arart on certain property IN Mcdowell
800, W. Va. and Iazewel county. Va,
rr.n iho ground of fraud.
-',-1,o Fauntleray. who delivered the opin-
.,~ after giving detailed statement OF the
i.s,,ry OBJ. the cases involved. finds as fOll Tvs.
Ife evidence IN the cause is fall and yolum-
mons and our conclusion upon "a careful and
....onf scrutiny of 20 all upon both sides -.
.ftt does not sustain or warrant the charge
.frsrd against the defendants. the south
oe.t Virginia Improvement Company and
r.eqh l. Doran, or the agent or agents OF
r.fr. lut that 1t constrains the belief that
.a MY attempts az fraud lie at the door OF
+e appellants. who have come into equity
,rh most unclean hands aud false clamor.
Tx PROPERTY.
Tie land In controversy is situated upon n
NOR dividing ridge with scrsggy growth and
% very little value in 1851, when John i. JeI-
l-ss bought it for 500. and II so renamed
-,t. &c was negotiated for and purchased ID
t. ly some gentlemen who PAID iIlAApetD
= 1earcs. the I'D judged lawful owner OF IL;
Ierrce of Sl.996.25. and who hhewise pald
3, her children. the appellants, CharIes r..
f.rres Henry Sadler and SarAn Ann
S.Uer his wife. the agreed sum OF SloO
10 tN.inguish their claim o. an interest
.a to said land. under and by virtue
- voluntary end sinister conveyance
f-.-, John L. Jefries In /, 3, for the annul-
uet aud vacating OF when SUIT OF l.e'I
mother was then pending against them ~ the
l-..lt Court OF IazewCl county. Whlch IN 4
short time nd judged that they had no ilsAt'
t,. ~ interest in the SAID land Whatever
Tho uthwest Virginia improvement Coln-
r.rv. q chartered corporation under the laws
a. rcinia. innocenuy acquired thls lana
..nr uith other lands and bra'ely encoun-
..-.i the iuuCles and the expense and risks
d. developing the minerals, expended vast
SIMS I'M exploration. investigation and acqui-
s.on OF titles built seventy miles OF railroad
and lave thereby developed and made yalua-
these lands.
THE TITLE
Tho comrany was q stranger 10 the soil
er1tot the titles. Ii was their right and duty
r. on the alert IN the expenditure Of mil
lions of money O. be sure that no bad title
~.- irrosed unOn them, and where there
wore various claimants 20 endeavor 10 acquire
f.e tfes ol all Naturally, alas these mu-
rifcent and enterprising pioneers IN the de
ra'.uweat Cf tie hidden wealth and dormant
ENERGIES If our State we're set up by some
q. tie now Discontinued vendors their tracks
scented yer hidden defects OF title resur-
re.taI and disclosed. irregularities OF con
varerre. sought after as badges Of fraud idle
and responsible declarations called indl-
ol agents and lawyers denOminated con-
frrt0rs. and tie character OF reputable ana
,rrer.achable citizens assailed upon the
s- test preteNt.
Ile evidence Of the appellants. Charles +.
JeIres. Sarah Ann Sadler and Albert Jenrles,
shows cOnciusively that they entered into a
conspiracy and combination with their father.
John I. Jenres. to let Mrs. Elizabeth J..
iefries sell the land TO Joseph ]. Doran. get
Gle money for 10 and then leave the state.
t.t unit. all this was accomplished, they,
Charles r.. Sarah Ann and Albert. were TO
4e1q quiet. make no protest or NOISE about
tle sale of tie land until their father
a-l mother got out of the State
TIRE FEAuD.
The recorI shows. and their own state
rants aud evidence show that they knew OF
tsr mothers suit claiming the land. that
tev knewlts object and accepted service OF
terr0cess %. that suit against them, and the
c.-.at court Ia its decree of May, 1882, APP
proved their deed TO Doran made April -,
It-.
The court was q court of general Jurisdic-
t.nanl bad jurisdiction of the parties and
f.esuo ect natter all It's proceedings were
fe-u4r and the parties were duly served with
process and its DEGREES are binding upon
them The question as to delay may
he much affected by reference TO the nature
OF tie property OF % the change OF cIcuh-
stances as 70 tue character OF value OF the
ur0uertv IN intermediate period. delay
which might have been of no consequence III
an ordinary case may be amply sufficient 10
BART title 10 reliet when the property Is of
speculative character or 10 subject TO con-
tugencles or when the rights and Liabilities
Of tie others have been IN the meantime
Iared.
ID The property is If a speculative or pre-
cr.u- nature 10 IS the duty Of man com
planning OF fraud to put forward his com
fa.lt 40 the earliest possible time. lie can
l.t be- allowed % remain passive. prepared t.
Arm the transaction il the concern should
.sper. or u repudiate II ii that should prove
is 4-vantage.
THEIR MOTHERS LAND.
These appellants say that they received but
little for their land. Ii was their mother s
land and she received value for it. What
reitlad they 20 exact or 10 expect payment
t.a devotion and duty 10 the wishes # their
Iol- ancestor did hold on and not bring
l.g suit about the land until 10 could get
away. and they did let mother get all she
could 0utof the land and they did remain
silent ior nearly hve years so that the
company never found it out and they
dI s0 conduct themselves with re-
r. to tbs great fraud rs TO
tvetl gray hairs of their honored parents
from fae penitent airy. and TOW. after sleep
ls .0r this ayowed sinister purpose upon
ts.r relt- 0r wrongs for nearly i've years,
and after tie Southwest Virginia Improve
ualt Company have paid iull value tor and
le.l tie lands for nearly FIVE years and have
open. hundreds of thousands OF dollars IN de-
ys0plg THIS and their other lands without a
hat this dormant claim, they come with
tp.tsl hands. crying fraud. fraud! and ask
i-s Gl of court Of conscience 10 cOnsum-
Tale i-e.- yillalny
so EIGnT.
Iatt the record discloses the fact that these
APPELLANTS have no interest IN TINS SUIT thai
is, lave sold or assigned tneir SUIT 10 set
aside Rae final and unappealed DEGREES OF the
'rlt Court of TaZeweli county 10 three
Speculative aud champertous gentlemen or
ia.d. who are the real and beneficial inspi-
is.s ana mantainers of this suit. IN contra
iea.o1 Of the principles OF equity and the
l4ss o. public policy The appellants came
i.9 equity with the voice Of Jacob. but Win
te bands of E-au There is no error ia the
le,ses appealed from. and our judgment Is
IH.l