Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1895-04-26
Court of Appeals Yesterday.

Court OF Appeals Yesterday.
The Court of Appeals yesterday
handed down an opinion in the case OF
Clarke ct al vs.. Oliver ct al and Will
liams vs. Smith ct al, trustees, from
the Circuit Court of Henrico, Judge
Barton, presidi, 6. The decision IN
wolves several questions of general IN
terest.
The case in point arose out of con-
troversy between the trustees of the
Moore Street Missionary Baptist,
Church, on one hand, the trustees OF
the Moore Street Industrial school on
the other, and the persons claiming TO
be contributors to the fund used IN the
purchase of the property. The money
to purchase the property in question
was largely raised through the agency
of John Oliver, who for some years can
vassed throughout the North in the In
terest of the fund in question, and sub
sequently controversy arose as to the
disposition of the fund between the
church and the school. The contro:
very came up in various phases, and
finally bill was filed by many OF the
alleged donors, among them, Messrs.
James B. Pace, Charles E. Whitlock,
Lewis Ginter, Joseph Bryan, Joseph K.
Anderson, P. 81. Mayo, john Stewart
and others of Richmond, and Messrs.
William Endicott, jr., Chas. J. Clarke,
Chas, E. Strong, William T. Clyde,
Geo. VIM. Curtis, William NJ. Evsrts,
81. B. Clafllin and many others OF the
North, claiming the property in CUES
ton, and asking the court to dedicate
it for the purpose for which they I'M
derstood they subscribed, to wit;
for the school. The court dis
missed their bill, holding that
voluntary donors to q charitable fund
who have parted with their donations
without reserving any control over the
charity, and having no beneficial IN
terest in its execution, cannot maintain
suit to control the subsequent DISPOSE
ton and management of the property
and trusts SO raised.
In the second named case ofWillian
against Smith, the court held that bill
filed by a general contractor against
the trustees of church to enforce the
collection of his debt arising from the
building of the said church cannot in
the absence of mechanics lien, or
other specific lien, come into a court OF
equity to enforce the collection of his
claim, but must proceed at law against
the trustees of the church as in the case
of an individual. The court below is
affirmed in toto and the result of the
decision is that the property in Rich
mond long held and occupied by the
Moore Street Missionary Baptist church
will be held by them at present, and
the portion used as school will like
wise be retained by it, and all contro-
versies between said school and church
will be set at rest and forever ended.
These controversies have been going on
for Is years.
MRS. LOCKWOOD DowNED.
The court by unanimous vote denied
the application of Mrs. Belva A. Lock
wood to qualify as practitioner. Mrs.
Lockwood was present with her client,
Miss Antrim, who is in Richmond to in
stitute Injunction proceedings with
reference to certain real estate proper
ty. She was much surprised and dis
appointed at ths courts action. She
said to reporter who talked with her
that she had supposed that the decision
of the old court was final and she bad
no idea that the new court would re-
verse it.
Georgia Home Insurance Co. Va. Bart
lett and Hoover VS.. Buck; certified to
Circuit Court.
Crews vs. Hatcher; reversed, Judge
Keith.
Chapman VS.. Chapman; reversed,
Judge Reilly.
Thomas, inspector, vs.. Rowe; revers-
ed, Judge Cardwell.
Clendening vs.. Conrad; reversed,
Judge Buchanan.
Parish, trustee, VS.. Wyman, trustee;
affirmed, Judge Harrison.
Currie VS.. Chewing; affirmed, Judge
Reilly.
Williams vs.. Commonwealth; writ OF
error to judgment County Court High
land.
Ross, administrator, We. Hughes, exc
cutor. Appeal to decree Circuit Court
Gloucester.
Banner vs. Rosser and others; appeal
allowed to decree Circuit Court Scott.
Jett VS.. Hampton. Appeal allowed
to decree Circuit Court Washington.
Langhorne vs.. Richmond City Rail
way Co. Motion to amend judgment
overruled.
Morriss ct al. VS.. Antrim; injunction
refused.