The times. [volume] (Richmond, Va.) 1890-1903, 1895-03-15
BOOM LOT TRANSACTION.
TIE SUPREME COURT PASSES on
SALE Ar GLASGOW.
It - Held That tho Purchaser Has "a Right
EcpudIate the Contfnc'-other
tOpIu,ons Handed Down.

Administrator. From the circuit court OF
40 ckbridgc county. Affirmed. Judge Har-
rem DELIVERING The opinion. Judge Card
well disscntins.
This was a boom lot transaction in
C,lsegow. Carpenter bought a lot from
Wilson Grustec aad real estate agent
IN thc faith OF representations maue by
he latter that an English syndicate had
larccd 10 invest million and haH
3ollsrs In manufacturing enterprises at
GLASGOW. which would materially affect
he value OF this lot and real estate
generally in the town.
Caruenter alleges this In his bill oiled
70 resclnd the contract, and 10 recover
tie money already paid. and that such
ga tomcnt was false and fraudulent ana
taat hc bought the lot because OF such
fs1dulcnt representations.
tvidence satisfactorily sustaining the
al, cations OF the bin, the prayer Of
same was granted. sale set ASIDE, ana de-
ee.e against defendants for money paid
With costs
Held. 40 man is bound by a bargain
tsto which be mas been deceived by fraud
Or MISREPRESENTATION. Whenever pur-
ekAser has been induced by a material
Misrepresentation OF the vendor 10 buy
he has a right 10 repudiato the contract,
% the vendor may d.sdiiirm a sale when
Ne has been dcfraudcd.
tAs 20 subsequent ratification OF such
contract Confirmation must be a solemn
and deliberate act when the original
transaction is infected with fraud, and
courts do not allow 81 20 stand but on
the clcarcst evidence
4 G. ANp o. SUIT
Johnsons administrator vs. G. and o.
Hailwav Co. From the Circuit Court
Of Albcmarlc Affirmed. Opinion by
JUDI Rely
johnson WAS killed by train Of tho
oompauy Hi- administrator brought
sui for damages At the trial. after
evidence ou both sides was closed. the
defcLdanf dcmurrcd to the evidence and
tho Court compelled the plaintiff under
p~Otcst 20 join 200 the demurrer; court
alb sustained the demurrer and gave
jrdgmcuJ for the railroad company.
HeId. Either party has a right to de-
mar 20 the evidence except where evil
dence is plainly against him. or the
court doubts what facts should be rca-
souahly inferred from the evidence de-
INJURED to; and whore a party has a
right % dcmur IN is tho duty Of the Court
10 compel the other party to Join. roaf-
hrming p Grattan. 6l9 IS Va. 700
II the death be caused solely by the
negligence Of the defendant there is no
doubt Of the right of the plaintiff 10 re-
cover damages therefor, but # the prox-
innate cause of death were his own neg
hgence concurriug with the negligence Of
the defendant there can be 80 recovery
unless the defendant could have prevent
cd the accident by the exercise of ordi- !
nary care and diligence.
3 Negligence Of the employees Of de- |
PENDANT company is no excuse for negli- |
gence on the part OF the party injured. !
A railroad track is itself proclama- |
ton Of danger, and it is the duty of any |
ono to use both his eyes and ears before |
going on IL.
An INSURANCE CASE.
Easley W.. Valley Mutual Life Associa-
ton. From the Circuit Court Of Angus
Ia Affirmed. Judge Keith delivering the
opinion.
Held. That even whore it was error
10 have an instruction asked for by the
defendant, II the plaintiff be not injured
thereby. II is not q cause for reversal.
the court being of opinion that the YER
diet or the jury upon the facts was
plainly night, citing Moore VS. city of
Richmond s, Va, 35S
DIVORCE CASE.
Copeland vs.. Copeland From the Cir
cunt court OF Wythc county Affirmed
Judge Cardwell delivering the opinion
copeland was arrested for seduction of
Josephine Swicker under promise of mar
rage. and was bailod TO appear for trial
81 a subsequent day. ON that day nc
married The girl. and prosecution ended
After four years ne filed a bin for di-
vorce. alleging duress and other causes.
Held. The defendant i'm a prosecution
n seduction under promise Of marriage
having married the woman Ina bar of
conviction. must be presumed TO have
consented TO such marriage. Such duress
as the pending prosecution is not sufi-
lent TO vitiate the marriage contract
so as to entitle him TO a divorce.
FROM RICHMOND CITY.
Stuart 81 al VS.. Commonwealth. From
he Circuit Court of the city of Rich
nond. Reversed; Judge Keith delivering
Inc opinion
Hunter qualified as treasurer of King
Ieorge county, ana one of his sureties
moving for H.. the Court directed him TO
Necuic new bond or vacdte his office.
rhereupon Hunter gave a new bond
'lth SIX suretics. one of them, Stuart. |
ignirg by Ashton, his attorney In fact
MS bond lacked the clause required
~ the statute 10 pay I'm lawful money. |
ana not in coupons" ana so. at a subse
Iueht term, some OF the sureties and
stuart, 10y Ashton. his attorney in fact.
acknowledged the said bond in due
herein falling 10 appear
Ashton. the attorney i'm fact. was also
ldsc 90 the court that had TO pass upon
ne suiicieucy OF the bond
Held. The qualification of q county
treasurer. including the execution OF his }
ond, is made matter OF record i'm the
'Ounty Court by statute and this record
IA memorial of the Judge imparts un-
o %. so' 81 .l'le circuit and verify and can
ot De brought In issue under the plea or p
on esq fictum
>. Ii IS not competent for q iudee IN +
u as attorney in fact with resnecf n d, a
transaction pending before his own court {
I'D ON which he may be called upon 10 }
ASS Judic.aly e
oTHER CAsFs. G.
Robinson Us. Commonwealth. From, tho l.
ircuit Court OF Essex county. Affirmed. y
ldge Harrison delivering the opinion I
This is criminal case OF no general q
lteIest.
Aylett vs. Walker. Csruoran award j.
corbn rs. Euilding and Investment As d
'ciation OF Virginia. Appeal and super I
IDEAS awarded 81
> ringfellow Us. Wise and others. Ap-
al ana Sdpersedeas awarded.
waits VS. HUH Appeal and supersc-
'as awarded -,
Board Of Supervisors Of Bedford coun- 81
vs. bedford High school Writ of 81
ror and superscdeas awarded. ~
''Voiison ana others vs. Merchants <,
I'm OIL bristol Writ OF error and SUI r.,
'rscdeas refused ~
National Life Association vs. Narvo -,
lditor. pcrempf1,s ,,i. '''' az