Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-04-17
CHARlTYSCHOOLNON
4 Decision In The Supreme Court Affect
inS q Gloucester Institution
AN INTERESTING prvoRcE CASE
The Cruel Treatment OF the Mother
fn-Iaw Was Justification for the
wIfe's Leaving aome-Mr. Mcshy
Los~s His suit-other Opinions.


comprehensive opinion IN the Supreme
Court OF Appeals OF Virginia yesterday
In the case OF Nicholson against the
Gloucester Charity School. The Glouces-
ter school some time ago filed a bill IN
chancery in the Circuit Court Of that
county. In which W. T. Robins and ).
n. Robins and the trustees and pene-
ficiarles In certain deeds were made
parties defendant On october q. lsS2,
Robins and wife executed deed Of trust
"a John s. Cooke upon a farm known as
"FIddler's Green" to secure debt OF
81 1000 due ]. NJ. Nicholson; on May Is
1883. the same parties conveyed the same
tract of land 10 John w. c. Catlett.
trustee. TO secure $1,000. and on January
8. 1889. said grantors conveyed the same
land 20 II. c. Bland. trustee, to secure
a debt of an unascertained amount due
pv w. T. Robins as commissioner of
salc TO the chancery causes of Mccand-
, lsh against McCandllsh, and Barlow
against Mccandlish.
EXCEPTED TO THE REPORT.
Answers were filed to this bill and the
cause was referred TO a commissioner 10
report the liens binding upon "Flddlers
Green" their amounts and priorities.
Exceptions were taken TO the report anu
a decree was entered establishing the
priority of the Bland deed. From this the
school was granted an appeal by one OF
the Judges OF the Supreme Court, January
a 1884. and Nicholson also applied for ana
obtained an appeal. The Gloucester
Charity School having failed 10 execute
the bond required of 1t in the order grant
ing the appeal, its appeal was. on motion,
dismissed al the recent January term Oh
the Court of Appeals. II was therefore
claimed that the school was no longer
before this court. while on its behalf II
was contended that though its separate
appeal had been dismissed. II was before
the court by virtue Of rule of the court.
CONSIDERS THE WHOLE.
In this connection, Judge Keith says
this rule has been frequently construed.
that where the parties appealing ana the
parties not appealing stand upon the
same around and their rights are involved
IN the same question. and equally anected
by the -sme decree, the appellate court
VIII der the whole case and settle
the Its OF the parties not appealing
as Vi as those appealing. The object Of
This an was 10 ascertain the liens OF
severn creditors upon the real estate OF
a common debtor. and the only question
utigated was that OF priority.
Savx the opinion: 'Tf the Gloucester
Charity School had never applied for an
appeal on its own behalf its rights could
have been passed upon In the appear
granted in the suit of ]. Nj. Nicholson.
Before the dismissal OF It's separate APP
neal at the January term for failure 10
execute the required bond, there were two
appeals pending IN which errors TO It's
nrs.iudics could have been considered.
One OF them hae been dismissed; the other
r4rnains. But II is said that
the dismissal Of an appeal Is an aihrm-
anee OF the decree. This position would
perhaps prove too much. III the decree
from which the Charity School appedicu
be affirmed. then Nicholson Is also out
of court. This view would be extremely
technical. to say the least Here Is case
where a party finds that there are tw0
sasss pending in which his rights can
be asserted In order to avoid costs II
Is agreed among the appellants tnat only
one appeal shall bs perfected and only ono
record shall be printed, and thereupoh
one OF the appeals is allowed TO go by
default. No one is injured or preJudlced
In the least degree"
0oULDNT TAKE ACKNOWLEDGE
MENT
The court holds that the objection taken
TO the recordation OF the deed TO Cooke
trustee, is fatal, because Cooke, VINO was
trustee in the deed, also took the ac-
acknowledgement of the grantors. IL was
also contended that the recordation OF
the deed TO C0tlett. trustee, was Invalid
because the acknowledgment OF the
grantors was taken by Thomas 5. Taha-
ferro. a commissioner In chancery, VINO
IS one of the corpo-atoTs of the Gloucester
Charity School. and received as such cor
porator the sun o. 2 per day for attend
ance upon the m ings OF the board. III
this respect there IS evidence that the
corporators are required to give bono ioi
the faithful DISCHARGE OF their duties. ~
this case the loan vas made under cir
cumstances which Il was claimed, rem
dered the corporatofs table 70 make goot
INV loss that M be sustained. an(
fhst therefore MI iaferro was so re
,a,od 20 the subie 10 be disqualified
to perform tudicil pnS Win iespoS
20 u.
AS TO THE Pc INTEREST,"
The court says D. IS conceded ina
any pecuniary M s4ounu VI vi
qualification in Tor the law VII
not undertake 10 Measure the degree o
Interest. but however small the interes
may he. II must be direct. II Is said b,
prothIer Pro. CIV, chapter q section
that a creditor, lessee. or debtor may b
a Judge In the case Of his debtor, landlord
or creditor, except in cases where tn
amount Of the party's property invoive'
iu the suit Is so great that his aDiiity
meet his engagements With the judge ma
depend upon the success OF the suit
II is explained that there is no groun'
for disqualification In the case of Talia
ferro. who was simply a corporator in
purely eleemosynary institution.
Saws Judge Keith. in concluding the abb
decision: There are a great number ant
variety Of circumstances and condition
which may serve so incapacitate persol
10 act judicially with respect 10 subject
hut we have, OF course. confined ourselve
"a A discussion OF those presented, or a
least suggested, In this record. We are 0
oninlon that the deed OF trust given {
secure the Gloucester Charity School wa
properly admitted 10 record. and. bein
psior Ia point OF time. should have bee
given precedence over the deed 10 Bland
trustee AS the sum for which Fiddler
Green was sold viii be exhausted In sal
,sfying the claim OF the Gloucester Char
Nv SCHOOL, ii II unnecessary 20 decide an
other question in the case For the fore
going reasons the decree of the Circu
Court OF Gloucester county must be n
yerscd and n decree entered In according
Nth this opinion"
RESPONSIBLE FOR THE CRUELTY
Another opinion. prepared by Jude
Keith. and handed down yesterday, dii
poses Of the famous divorce case
Hutehins against Hutchins. from the CT
cult Court OF Warwick county, afiirmin
the Judgment OF the lower tribunal Tn
was case In which Tuthlll c. Hutchin
who was married to Jennie Squibb.
brooklyn. n. y. In September. 1881 sougl
a