The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-30

is merely pecuniary. and being less LIAM
500. the appeal was improyidcniiy award
ed. and must De dismissed.
ACCIDENT POLICIES.
The Fidelity and Casualty Company vs..
Chambers. &c. From the Circuit Court
OF Greensyille county. Affirmed. Opin-
ion by Cardwell. Judge.
Action on policy, demurrer TO evidence,
verdict for plaintiff for ,2Oo, writ OF
error and motion by defendant IN error
TO dismiss writ because record does not
show motion for new trlal In court be-
low.
Held: Decided In Norfolk and Western
Railroad Company VS.. Dunaway'5 admin
istrator. at this term. that moton Tor a
new trial IN trial court not necessary IN
order TO have judgment on demurrer to
evidence reviewed by this court.
2. The requirement OF section S2jz, that
conditions or restrictive provisions In a
policy shall be printed IN type not smaller
than long primer. or written with INK In
or on the policy. not raised as matter OF
defence In court below, ana therefore
not passed upon here.
3. The plaintiffs evidence made out
their case. Tho defence that the pre-.
sured having the policy in his posses
sion, and the possession being sucn
evidence Of its payment as Is conclusive
upon the count on a demurrer 70 evi-
dence.
4. The words voluntary exposure" as
used In an accident insurance policy. imply
conscious, intentional exposure-some-
thing one Is willing TO take the risk or.
II must appear thar Che act. In order
to come within the exception. was one
which reasonable and ordinary prudence
would pronounce dangerous ana that the
accident was in Consequence thereot-a
question for the jury TO determine OF
for the Judge. on a demurre 10 evidence.
CHANCERY PLEADING.
.Afkon. 20. ". Connolly, sc. From the
Circuit Court OF Fairfax. Affirmed Oplh-
ion by Buchanan, Judge.
Held. 1. There being no motion made
nor cause shown for a continuance. II
g. NOT error To hear a cause. unless there
be a rule of the court to tho contrary.
Dillard vs.. billiards. eXecutriN' Il % L.
Rep, 669. GIL
. Where bill Is fled against two or
more defendants jointly interested and Is
taken for confessed against one or more
Of them for want OF appearance ana
ono or more of the other defendants APP
near. make defence. and disprove the com
plainant-s case the bill should be dismiss,
ed as TO all 4 Leigh $40; ID o'y' ~
va. Sll: ~ Va. 4jl. 4jS.
CIIANCERY JURISDICTION.
suindle sc. vs.. Fletcher Bro, re. FROM
the Circuit Court Of Fauquier. keVerseu
Oninion by Harrison, Judge.
spindle &, co. made assignments OF SO
o,ai assets and the individual property
Of certain members OF the firm. Appeiees
Nted a bill 10 administer the trust crea,'u
nv assignments, and alleging other iholNln-
uaI property not conveyed. and eSpeeia'iN
tracf of land in Fauquier standing "
the name Of two members OF the hrni
.rhe wives OF these two claimed 'hls
,apd os their own. and filed deeds
showing same was got III 'A'
cnanea for Ohio land derived by theh'
from their father and sold by thern' be
tore the assignments, 20 their husbands
fading notes therefor, secured by deed ol
trust on tho land. The bill does no'
auege fraud. and the arpeliees are no'
lien creditors other than as beneuclatieS
under the assignments.
aeld: Appefees have no equity 20 sun-
tect the individual property OF spinaie q
90 other than that embraced IN the as
s,gpuants nor can they 40 so hii'h my
80 obtained a lien thereon. unless there
annear some other ground Of equity Juris-
dirt,on The Court should have proceed
al 70 adrntnister the trust as II that Were
mo stneIe object OF the bill. ana denied
the relief so far as 1t affected the land' OF
the nroceeds Of It. without prejudice !"
annelloes 10 inaugurate proper proceedings
20 subject the land. II liable, TO 'he pay
ment OF their debt.
No opinion Is expressed on the itierl'
r-p Ar-DrUENT LOAN - EQUITABLE
OFFSET.
Norris & Co. VS.. Jones q ais. FROM
the Chancery Court OF Richmond Al
armed opinion by Rely, Judge.
charles Jones died intestate' leaving
considerable personal and some real es-
tate He requested shortly before his
death that mis- brothers and sisters Wo''Fl
Give their shares OF his estate TO their
ared mother to enable her TO pay on a
mortgage on her home. They al signed
an order on the administrator directing
him So TO dispose OF their shares whieh
was done. After paying or the mortgage
there was Il balance In the mothers hahas'
81 which she lent appellee N.2Op' when
was about 500 more than his dlstriDuti'e
share Of his brothers estate
At the time the order was given APP