The times. [volume] (Richmond, Va.) 1890-1903, 1895-05-03
MORGANFIELD'S VERDICT.
SUPREME COURT OF APPEALS DE-
CLTyES THE WRIT OF ERROR.
Act Establishing the Law and Equity Court
of Norfo.k Dec ded Constii uuousi'
The Last Day of the Term.

Yesterday was the last working day OF
the present term Of the Supreme Court
and a final adjournment will be had To-
day. OF as soon as the orders can be VIII
ten up.
The Court will begin it's next term at
Wythevillc, June 10Th.
II is belle. ed that more business mas
been disposed OF by the present oeneh
tfan by any predecessor in the same
length Of time; and it is certain that
Il has established itself in the confluence
If the Bar as a laborious and learned
court whose decisions will command re-
spect IN all the states as well as Nir-
ginia. A..
Nearly all the cases argued before the
court have been decided. leaving hardly
a case 10 each judge TO b. pondered dur
The following opinions and orders we're
handed down:
Patch et ais. VS. Morrisett ct ais From
ire Circuit Court OF Chesterfield county.
Reversed opinion by Keith. president.
Z. and others filed a bill setting out
trat in March. 1880. they conveyed to
G., trustee, a parcel Of land In Manchester
10 secure four notes. payable one. two,
three. and four years after date. repre-
soniing the purchase money Jf the land
bought by them OF the Morisetts. The
deed with the usual stipulaticns. also
contained the following: IF at the time
Of such sale any OF the notes shall not
have become due and payable, such
part or parts OF said purchase money
as will be sufficient to pay off and dis
charge such remaining notes shall he
made payable at such time or times as
the said remaining notes Will become
payable. and as 10 the residue, II any
after paying ths said notes, at such time
as the grantors who are the complain
ants In the bill should direct" The bill
AYERS that the advertisement of terms OF
sale was in violation of the terms OF the
deed-to-wit. cash as 10 expenses or
sale. taxes. II any be due, and 10 pay
of a note Of $40 and two other notes
not vet due. with interest the residue
on such terms as Will he announced at
sale" only one of the unpaid notes was
due at the date Of sale. II further AYERS
that complainants had notice when they
bought Of a paving tax Of so due the
city of Manchester. which is a lien ON
the land; and that the chain Of title
shows a reservation In "a deed Of 1850 or
fanny Nul iih = 'tii'f N+Nt' 'f0t-H
way thereto.
Complainants onioined tho sale on these
grounds. Injunction dissolved, and APP
peal.
Held I. The paving-taX was no cloud
on the title. II an existing encumbrance
on the property for which appellees were
liable the trustees could be compelled
to make proper application Of the pur-
chase money. nor could so small charge
seriously affect the sale.
2 The reservation of the burying-
ground constitutes no substantial rejec-
ton to title not being upon the lana
bought by appellants. The right OF way
would. therefore. be over the portion OF
the land not sold by the Morisetts II
afording suitable and convenient ease
ment. there being no suggestion TO the
contrary. or that the Morisetts have
sold such other portion. \ court OF equity
would require the owner Of the easement
so as to impose the burden upon the
Morisetts. and to exonerate the plaintiffs
g. The trustee. having advertised 10 sell
for cash for Il sum not due, was IN excess
of his powers.