Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-08-09
OUR HIGHEST COURT.
A GREAT DEAL OF BUSINESS
TRANSACTED YESTERDAY.
A Number OF Opinions HANDED
Down-Cascs Against Raiiro""s-
Petitions mud Donds-An Adjourn
mcnt for the Term.

WYTHENILLE, VA, August s-'ope-
cial)-The following opinions were Manu-
ed down In the Supreme Court OK APP
peals to-day:
Max Meadows Land and Improvement
Company VS.. John G. Bady. Opinion by
Judge Keith. reversing the judgment OF
the Circuit Court OF Wythe county.
IL appeared that the appellee purchased
n tract OF land. of which he had been
put In possession that he had received a
deed for il with general warranty; that
his possession had been neither disturbed
nor threatened. that his grantor was not
insolvent. and had taken no steps by
enforcement Of the deed of trust or other
wise to collect the unpaid purchase money,
and that there was no concealment or
the encumbrance, which rests upon the
land. the existence of which was PLAINLY
set forth upon the face of the deed under
which the appellee derived title TO the
land purchased. and OF which. therefore,
he must be presumed TO have had notice
Held: That the law is with the appel
4. liant. and further II the objection De
urged 10 this conclusion that II leaves tne
appellee with a cloud resting upon ms
title. the answer is. he Is in the precise
position which ne contracted 10 occupy,
and as long as he was undisturbed had
no ground of complaint. which entities
him TO invoke the aid Of court OF
equity. which, II has been said, may
"Nend the conscIences Of man. but not
their assurances" Further that when
ever the appellant seeks 70 force his oeed
of trust withou, having first lifted the
paramount lien. n court Of chancery VIII,
49,. lee he
to interpose and grant such rehef as the
nature OF his case may then require.
Morgan vs. Glendy From the Circuit
Court Of Wythe county. Opinion by
Judge Keith. Decree affirmed.
Richlands Flint Glass Company VS.. Hill
tebite. From the Circuit Court of Taze-
well county. Opinion by Judge Rely
Affirmed.
Virginia Mining Company VS. James
Wilkinson. From the Circuit Court of
Carroll county. opinion by Judge Rely
Amended and affirmed.
A FARM QUESTION.
Dunford. ct ais, W.. Jackson's execu-
tors From the Circuit Court of Wytne
county. Opinion by Judge Cardwell. AZ
firmed.
The testator devised his lands. upon
which ne resided. 10 his wife for life, the
remainder In fee to two Of his sons. and
4G0el. III Is my WISH iIdt All VI NV
personal property on my farm at the |
time Of my death. including farming i'm
PIGMENTS OF all kinds. horses cattle, hogs,
and sheep. shall be included In the devise /
10 my wife and two sons
Held: That under the latter part Of |
this clause the widow takes for life with !
the remainder i'm absolute ownership 10 the |
two sons. all the personal chattels on the |
home place including grain harvested in
hon nd
kitchen furniture hay. grain in barns. |
and cribs live stock of every description. |
farm utensils and implements of all |
kinds but not the money or chooses in !
action of testator. or personal chattels |
or growing crops not on the home place.
Spence q Neff VS.. Norfolk and West
ern Railroad Company. From the Circuit
Court OF Wythe county. opinion by Judge
Buchanan. Reversed.
Held: l. The consignor of goods has
the right to maintain an action against
the common carrier for the injury or loss
OF goods. where he retains a property
right or interest in them, either general
or special.
. And his action may be either as
sumpsit or case. The principle In all
such cases would seem TO be that the
contract creates a duty. and the neglect
TO perform the duty or the non-feisance
as upon contract
Porter and others VS.. Robinson and
others From the Circuit Court of Wythe
county. Opinion by Judge Harrison.
Affirmed.
Robinett and others vs.. Harris and
others Petition for an injunction, ana In
junction refused.
Rank Of Swanwee vs. Fullerson From
the Circuit Court of Lee county. Petition
for writ OF error refused
Sims VS.. Sims's Committee. From tn
Circuit Court, OF Green county. Appeal
and supersedeas awarded. Bond in the
penalty OF 500
Hni vs. Blakey. From the Circuit
Court of Madison county. Petition for an
appeal refused.
Bank of The Valley VS.. Ridgeway and
others Appeal and supersedeas awarded
10 a decree Of the Circuit Court. No bond
required. the petitioner being personal
representative.
cheeks's executors VS.. Cheeks's devisees
From the Corporation Court OF the city
Of Danvilla. Appeal and supersedeas
awarded Bond in the penalty of 5000
Jameson We. Rixey. From the Circuit
Court of Culpeper county. Appeal and
supersedeas awarded. Bond in the pen
atty OF 500.
KNOWLES VS.. city of Staunton. From the
Circuit Court of Augusta county. Petition
for writ of error refused.
Russell VS.. Louisville and Nashville
Railroad Company. Writ of error and SUI
persedeas awarded to a judgment Of the
Circuit Court OF Lee county. Bond In the
penalty OF 500.
Newberry Land Company VS.. Hartman
Newberry. Writ OF error and supersedeas
awarded TO a judgment OF the Circuit
Court Of Bland county. Bond in the pen
atty OF $50.
Stout VS.. Little. Appeal and supersedeas
awarded 10 a judgment OF the Circuit
Court Of Lee county. Bond In the penalty
of $50.
Solicitors Loan and Trust Company VS.
Bristol Land Company and others. From
the Corporation Court OF the city OF
Bristol Appeal refused.
HABEAS CORPUS REFUSED.
Mills VS.. Commonwealth of Virginia. Pc
tition for writ OF habeas corpus. Petition
refused.
Umberger and others VS.. Farmers Bank
of Southwest Virginia and others. Upon