The times. [volume] (Richmond, Va.) 1890-1903, 1895-02-08

A Richmond Case County Subscriptions "a
Railroads.


Railroads.
The Court handed down yesterday opin-
ions as follows:
Roanoke Brick and Lime Company
against Simmons, trustee. and others.
From the Circuit Court OF Roanoke.
Affirmed. Opinion by President Keith.
Carneal against Lynch and others.
From the Cnancery Court OF the city OF
Richmond. Affirmed. Opinion by Harri-
son, Judge.
BENJAMIN Sutton devised a house and
lot In Richmond TO the brothers, Lynch
for their lives, with cross remainders TO
their children, and II both died without
issue to their sister or her issue. Charles
Lynch died, leaving two children. now the
fee simple owners of their fathers mole
ty William Lynch. surviving brother.
fled his bill. praying for sale or the
property for partition and a rcnVest-
ment. making his own children, his
defendant sale was decreed. Carneal be-
came purchaser, and sale was confirmed,
with a reasonable tine To Cdrneal 10 eA-
anime title. Carneais counsel OBJECTED 70
the title. but objections oyerruled ana ne
directed to comply with terms OF saie ahc
appeal 70 this court. ,...,,,.
Ben. &c. Tor. SC. against Farmville
and Powhatan Railroad Company, &c
Affirmed, Buchanan. j., delivering the
oDfn on. Harrison Judge. dissenting
This is the case brought by taxpayers
OF Powhatan county 10 cancel the county
bonds issued in payment of "A subscription
TO the stock OF the Defendant company
The case was decided 10y the Circuit
Court OF Petersburg. where the Injunction
awarded the taxpayers was dissolved.
The question of jurisdiction was decided
against the taxpayers. They contender
that in the absence OF a certified trans
cript OF the records and DEGREES OF the
counties Of Chesterfield and Powhatan,
where the case has been pending ana
where proceedings had been taken, me
court could not proceed 10 hear ana de-
termine the case. The court holds that
the consent of the taxpayers 20 the
docketing of the case remedied TINS ana
that the court did nave jurisdlcloh'
The remaining point decided was as 10 the
effect of the act of lSA authorizing On
exchange Of the bonds issued and now IN
oupstiou Irpon this point the court was
divided for the first time since the new
Judges went upon the bench Ihfce or
the Judges concur m the opIh.oH 81 '.aee
Buchanan. that the act named taNi's
the bonds and corrects all IRREGULAR 'bes
IN their issue. This act author Acn IN eN-
change of the conditional bonds Tor ie~o-
table coupon bonds. The eNchiilse WIS
not made bV Powhatan, but the court
holds that the act cures all deterts.
Judge Harrison, I'm dissenting Oph-en,
holds that the act IN quesIoh uota MY
have that effect and that the county rs
sntitled 10 make all defences against me
before the act was passed. ana - not
estopped to make that defence by Us
Keith President. also fled separate
opinion. concurring In conclusion Win
Judge. Buchanan o.,
\ petition for rehearing viii be fled
in this case. 800.
Brown against Bedford city Land ana
Improvement Company. Rehearng de-
MED, , .,..t
overly against Walsh. Appeal refused fused
Johnson's administrator against 'lesl-
peake and ohio Railway COMPANY. tut-
tner argued by Judge william }. RoberL-
son for defendant in error and G. am
Patteson Esq, for plaintiff in error ana
submitted. ..,,
Shipman against Fletcher ArSuneht
begun by Hon. W. Willoughby Tor aigtl-
liant and AZ bar Four days allowed tof
argument OF these three cases hearu 10
gether. ,.,., "a u,bart-
son and Archer Anderson, Esda., .ai'o"td
10 practice a. counsel In this court
Nonresident attorneys present nut e',v
where named: Edmund Burke ara n w
Armstrong. Esqs, Of AleNandlta lon
tohn w. Daniel, Hon. Thomas = Ms't'n'
Hon. r. Walton Moore.