The times. [volume] (Richmond, Va.) 1890-1903, 1895-04-26
THE COURT OF APPEALS.
A NUMBER or IMPORTANT DEcIS-
IONS HANDED DOWN
Among the Cases Decided We're One From
DanviIIe-From Gloucester County-One
From Benrico-O,bes Busine's

The following opinions were handed
down In the Supreme Court OF Appeals
yesterday:
Crews Administrator against Hatcher.
&c. From the Corporation. Court OF the
city OF Danyille. Reversed; opinion By
Keith. president
L. by will. directs that at the death
of his wife that the remaining portion"
OF his estate shall be equally divided
among H., IA. ana >. Or thelr nelFs. lc-
specuveiy, upon which settlement = ana
D snail account 10 Ii for certain proper
~ devised IN a previous section of the
viii 10 them respectively, the Ndlue OF
which property was to De estimated as
of the date at which Il anu D came INTO
possession thereof.
Held. /. Courts always favor the vest
ing OF estates, and. therefore. IN doubtful
cases. lean In favor OF constituting IAN
gudge as creating vested RAINIER IMAM
contingent remainders-
2. Words Of suryivorship In Will are
always TO be referred to the period Oh
testator's death. where no special intent
Va, 474; 80 Va, 3i5; - Va, 4vy.
3. The words heirs here are words OF
inheritance. and have reference 10 the
period OF testators death, ana the VIII
created a vested remainder IN II.
Thomas. Inspector against Rowe. From
the Circuit Court OF Gloucester county.
Reversed; opinion by Judge Caldwell
Thomas. inspector, levied on certain
property of Rowe TO satisfy claims Ia
mis- hands for oyster-ground rent under
Acts of Assembly 1924. page 10 Rowe
fled bill praying an injunction 70 re-
strain the sale under the legy' 70 Nhith
bill Thomas demurred and filed his
answer thereto ncgatving the equites OF
Rowe's bill The court dismissed the de-
murrer and granite, the l"1unepoh vi
Held i Rowe having in his bill called
into question the constitutional Naldlty
OF the statute under when MS properly
was levied on. cannot question the Jurls-
diction Of the court on that GROUND. Con-
Va, Art. VI. sec. q 81 Va, 30. 81.
2. That the act in question does mol
authorize the inspector TO impose hneS'
but that these fines are imposed Dy opera
ton of law. and that the INSPECTOR is not
confined I'm the collection OF the ilhcs;
taxes or rents due from an occupant anu
uses OF oyster-planting grounds, 10 tns
property found on the ground occupied
8. An answer responsive to bill. negativ-
ing all it's equities. and being sworn 10,
was entitled TO the weight OF an aiidaNls
". c., sec 32Sl) and upon motion nesro
on the blll and answer. the relief asked
for should be denied. 80, 3.
junction that the legislative act unuel
which the wrong complained OF is peihs
committed will not of itself confer juris.
diction upon court OF equity to grant
relief.
Clarke &C. against Oliver &c. From
the Circuit Court of Henric0 county Al
firmed: opinion by Keith, president.
In 1873 certain colored people purchaser
a lot Of ground and had she p r,opt',tS -
the unpaid purchase money Tor tne Dtne-
III OF the Moore-Street Mission
airy Baptist church, ACCORDING 90
the law Of virginia so'eI hont
the same time a movement was SCI on
foot to raise a fund for the estaDlish-
ment of an industrial school IN o-1c'
tributons were solicited ana procuIeu
from the citizens of Richmond and else
where. The unpaid purchase money mo oi
the church lot amounted 10 N.S-S.,2S, am
of tho school was used I'm paying OIL
this debt on the church lot The church
title to the lot. with the exception OF
the deed for he unpaid purchase money
was perfect and complete. \ contro-
versy having arisen between the repre-
sentatives Of the church and the repIS
sentatives of the school. this was settlea;
but now certain contributors 10 the iund
for the school file n bill. alleging misap-
plication of the fund. and narrating tidt
they paid their money 10 estapIsn d
school and not 10 aid or 20 estaolisn a
church. There was a demurrer 10 inc
bill. which was sustained .
Held. l. Where contributors have SUD
scribed to a fund for charitable purpose
and have paid IL over TO the mana ~
which II is to be received and applied.
their interest and control over II ceases
and determines. ana whatever jurisdiction
is thereafter entertained Dy the courts
with respect to the disposition must be
called into active exercise by the Attcr-
ney-GeneraI acting on behdit OF the
public, or the trustees charged with us
custody. or administration; or Dy SOM pine
person having benenclal interest III the
object Of the trust.
q With the record in the above case
was presented the proceedings upon a
bill fled 10 recover N,oN.zo due TOT re-
and costs upon Judgment, both OF winch
claims were assigned for the beneht OF
the school.
Held. That church property cannot be
s,fbieeted i'm equity any more than at
law until right 10 charge the properly
specifically with the demand OF the PLAIN
tiff has been acquired.
currie, ct ais. against Chewing. From
the Circuit Court Of Lancaster county
Affirmed: opinion by Judge Rely.
In this case there was plea ayerIing
that the same matter sought to be liti-
gated By this suit had been previously
decided by court OF competent Jnrisdlc-
ton, and vouched the record IN support
thereof. An inspection OF the record 20, OF
the same parties brought Tor the same
purpose. I'm a court OF competent juris-
dictlon. and involved the same subject
matter and that at the hearing the Dill
was dismissed by the court
Held. Res adiudicata, and not open 20
a new contention. Rob. Prac., Vol, y, III
Freeman on Judgments. sections Z2-Zo.
Black on Judgments sec. 5Oi; Wells on
Res Judicata, sections s, 20; Diehl VS..
Marchant. 81 Va. Az
Chapman against Chapman ct ais. From
the Circuit Court of Madison county
Reversed; opinion by Judge Rely.
T and A acquired from their father,
w. certain lands by purchase. the pay
nlent of all the purchase money, and de-
livery 10 them OF the possession A took
a deed for his land from w. but 7 never
obtained deed from w. t moved on
the land. exercised acts of ownership, and
even resided thereon. T moved away
from the land for an interval but was
living thereon at the time his father. w.
conveyed the land In question 10 T
H. by a deed of trust to secure rs
creditors. which deed was made over fif-
teen wears after r had acquired the
equitable title TO the lands.
HOLD ' Were the Yendee acquires the
equitable title. but the legal title re-
mains in the vendor. the venfee cannot
be said 10 held adversely to the vendor:
but HE title IS in subordinatlon 10 and
Under the profession OF the titles OF the