Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1895-02-08
Court of Appeals Yesterday.

anu Ming OeOrSe.
Court of Appeals Yesterday.
The most interesting opinion handed
down yesterday in the Court of APP
peals was that of Bell, &C., vs.. the
Farmvile and Powhatan Railroad
Company from the Circuit Court OF
Petersburg.
This case involves the validity of the
Powhatan county bonds issued in pay
ment of stock in the Farmville and
Powhatan Railroad Company. 1t was
contended by the taxpayers that the
removal of the case from the Circuit
Court of Powhatan to the Circuit
Court of Chesterfield and Petersburg
was irregular and that the latter court
had no right to try the case in the alb
sence OF certified abstracts of the rec
ords of Powhatan and Chesterfield or
ders. The Court of Appeals holds that
the docketing of the case by consent in
Petersburg gave the court there the
right to proceed with the case without
those certified abstracts. The court
further decides, Judge Harrison dis
senting, that the act of 1883 authoriz.
ing the issue of coupon bonds validated
the conditional bonds and cured any
defects existing in the proceedings
leading up to their issue. None of the
questions as to the regularity of these
proceedings was passed on, the court
holding, Judge Harrison dissenting,
that this question was conclusive of the
case. The judgment of the Circuit
Court of Petersburg is affirmed. Judge
Harrison delivered positive dissent
ing opinion.
Another interesting opinion was
handed down by Judge Harrison in the
case of Carneal VS.. Lynch ct ais. from
the Chancery Court of Richmond. 1t
appears that Benjamin Sutton gave to
his two grandsons, w. NJ. Lynch and
Chas. G. Lynch, house and lot corner
Grace aud Jefferson streets, in Rich
mond, for their lives, with cross re-
mainders to their children and. in the
event of the death of both without
issue, the property was to pass to their
sister, Mollie A. Lynch, or her issue.
Chas. G. Lynch died leaving two child
rem, who are now the fee simple own
ers of their fathers moiety. In 1898,
w. M. Lynch, life tenant in one mole
ty of the property, filed bill in chance
ry for the sale OF this property for par
tition. The property was sold by or
der OF the court on an upset bid to j..
D. Carneal for S11, SIS. The court con-
6rmed the sale but reserved to the
purchaser leave to have the title eX-
amined within q reasonable time.
Counsel for the purchaser made two
objections to the title which the lower
court overruled. The first was that
VIM. NJ. Lynch being only life tenant
in one moiety of the land, had no pow
er in law to maintain suit for partition.
The court argues this point at length,
but affirms The judgment of the lower
court. The second objection was that the
ground was advertised as fronting 81
feet II inches on Grace street, when as
q matter of fact it fronted on that
street only Ga feet inches, the differ
ence, 2 feet 81 inches, being embraced
in part-of Jefferson street. The court
says that plot of this property dis
tinctly showing the encroachment on
Jefferson street was at the auctioneers
Office where the purchaser had every
opportunity of seeing it and that he
did not do so was his own fault. The
Judgment of the lower court is affirm
ed.
Roanoke Brick and Lime Co. VS.
Simmons, from Circuit Court of city Of
Roanoke; affirmed. Judge Keith de-
livering opinion.
overly VS.. Walsh; appeal refused.
Brown vs.. Bedford City Land and
Improvement Co.; rehearing denied.
Johnson's administrator We. Chesa-
peake and Ohio Railway Co. Further
argued and submitted.
Shipman vs. Fletcher, argued by
Hon. W. Willoughby for appellant.
This case comes from the Circuit Court
of Alexandria, and was tried before
President Keith. There were nearly
three thousand printed pages in the
records and briefs, and it is thought
they will occupy about four full days
Of the court. Judge W. Willoughby
and Hon. John w. Daniel are counsel
for the appellant, and Messrs. Edmund
Burke and a. W. Armstrong and
Judge Waller R. Staples represent the
appelIees. There is quite a large sum
involved. Yesterday evening Mr.. ].
S. Beach, clerk of the Corporation
Court, received a telegram from SEM
tor Daniel in Richmond requesting him
to send all the papers in the case.
The papers were at once sent by ex-
press.