Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1895-10-11
INTERESTING DECISIONS.

INTERESTING DECISIONS.
The following interesting decisions
were rendered by the Court of Appeals
at Staunton On Tuesday, brief mention
of which were made yesterday;
Bumgardner's trustee VS.. McCue's
creditors. From the Circuit Court of.
Augusta county. Reversed in part.
Opinion by Judge Keith. president.
This is sequel to McCue's trustee
VS.. Harris and others, reported in sc
Virginia. When the case went back
to the Circuit Court certain creditors of
McCue fled their petition attacking for
actual fraud deed of marriage settle
ment made by McCue in consideration
of marriage in May, 1867. The deed
conveyed all bis property for the Dene-
fit of certain creditors, then for the
benefit of his wife and any issue of the
marriage, and in the event that his wife
should die without issue, to him for life,
with remainder to his sister and her
children.
Held: That marriage is valuable
consideration sufficient to support the
settlement upon the intended wife and
children; that in so far as it undertook
to convey the property for the benefit
of himself, his sister, and his children,
it was void as to creditors, being fraud
ulent in fact. That is no period of limi-
tation prescribed to an attack upon
conveyance for actual fraud, and the
lapse of time in this case is satisfactori-
ly and sufficiently accounted for, and
the creditors are entitled to recover.
Staunton Peoples Building and Loan
Company VS.. West Cliftox Forge In
vestmenJ Company. From the Circuit
Court of Allegheny county. Affirmed.
Opinion by Judge Keith, president
The court decides that where o suit
at law was brought in the Hastings
Court of the city of Staunton against
the defendent resident therein, a cor
poration resident in the county of Allie
ghany, that process served in Allegheny
county to answer the plaintiffs suit in
Staunton must be served ten days be-
fore the return thereof. This being .
Judgment by default, the process cal.
be looked at, and it disclosing the fact
that the return was not in conformity
to the statute, the Hastings Court &C
auired no jurisdiction. The Circuit
Court of Allegheny county having held
that the judgment thus obtained was o
nullity, and open TO collateral attack,
its decree is affirmed.
Emma A. Miller, by, ETC., VS.. VIM. T.
Miller. From the Circuit Court of
Warren county. Affirmed. Opinion
by Judge r. FL. Cardwell.
When bill for divorce mensa ct
thoro, on the ground of cruelty and
abandonment, is at the hearing on the
bill. and answer dismissed for the want
of proof to sustain the charges in the
bill, q plea of res adjudicata to second
bill for divorce vinculo matrimonii,
or the grounds of cruelty, abandon
ment, and adultery, SET up by defend
ants answer and supported by an ex.
hibit Herewith of the record in the
former suit, is q good plea as to
the charges in the first suit, and
was properly sustained; and the
charge of adultery in the second bill
being vague, indefinite and failing to
give to defendant sufficient notice of
the charge that he is to meet, the de-
murer thereto was properly sustained
as to this charge, and the bill properly
dismissed.
Hulvey VS.. Hulvey. From the cir
cult Court of Rockingham county. Re-
versed. Opinion by Judge John A.
Buchanan.
The widow of decedent who re-
mains in possession of land with one of
his heirs holds in privity with his other
heirs and cannot set up adverse title
acquired while in such possession with
out showing clear, positive and con-
tinued disclaimer, a disavowal of the
title, and an assertion of an adverse
right, brought home to the adverse
claimant. In such case the statute of
limitations does not begin to run until
this possession, before consistent with
the title of the adverse claimant, be-
comes tortious and wrongful by the dis
loyal acts of the party in possession,
| which must be so open, notorious and
continued as will fully and clearly
show the changed character of his pos.
session and knowledge eff such change
on the part of the adverse claimant.
The taking and registering of deed
by which such adverse title is acquired
| by the widow whilst in possession in
privity with the heirs cannot affect the
rights of the latter until they have
actual notice thereof, as no one is re-
quired to watch the clerks office to
see that those in possession of property
in privity with him, Or in subordination
to his title, are not acquiring rights adj
verse to him.
A False Diagnosis.
La Grippe is confounded by many persons
with severe attack of catarrh. which in some
respects resembles the former. These indi-
viduals suffer severely with pain about the
/ forabaad oroe anJ aorr ,u;tb coraDncc IN