The times. [volume] (Richmond, Va.) 1890-1903, 1896-07-03

Opinions Handed Down at wytbeviile
Tam.


WyTuEVIIIE. VA. July Especial.
The following decisions were hanucn
down by the Supreme Court OF Appear"
OF Virginia to-day:
Hall and others VS.. Ratlin. opinion
10y judge John 4. buchanan. From
tho Circuit Court OF Buchanan county
Reversed.
Farst. A county treasurer has the
richt TO proceed by motion ON notice
against his deputy for any deiaut ln
Office for which the principal SIS liable
Second Tho time required for such
notice j. ten days.
Third. The findings OF the Jury in an
swcr 70 certain iutefrosatories PROFOUND
Cd by The Court. upon motion OF tho
plaintiff. without finding all the facts
arising upon the evidence. ana without
nnding for either plaintiff or defendant
condltionally subject TO the opinion OF the
Court. is not In accordance with our piac-
ticc. and is not sufficient verdict upon
which 10 enter a judgment.
Fourth. Every fnct necessary TO the
plaintiffs recovery must be found in
special verdict. and the Court cannot
infer any facts from the facts found.
Virginia Coal and Iron Company VS.
Keny and others. opinion hy Judge
Rely. from the Circuit Court or Wise
county Amended and affirmed.
j. NJ Charleston acquired tax tue 10
land Of Lawson W. Vance at q sale made
thereof for taxes in 1873. lie afterwards
an October. 1881. conveyed to Kelly ana
others minerals. and the timber 10 one
Hyndman. who sold tho same TO The
appellant on May 6. 1852. Charleston IN
his deed 10 Iyudman reserved the sur
face OF the land and timber for farm
~ "A
pcraneous deed. released the surface
right 10 Charleston.
in 1884 Charleston sold all OF the surface
right to the appellee Matthias Kelley. In
1857 Kelley. asccrtuiuing that the tax
title Of Charleston was void. purchased the
true standing title from the heirs OF
Lawson Vance. In 1873 the appellant hled
its bin against Kelley 10 compel him 10
convey 20 il al the minerals and timber
on the land. and 10 pay for the trees
which he had cut. Kelley answered that
ne had claimed as his own IN fee The
empire land and minerals and timber
since no purchased the outstanding title
from the Vance heirs.
Held. First. that there was com
plete severance OF the title 20 the min
erals and the timber from the title 10
the surface, second. that Kelley having
paid an the money 10 the Vance heirs
for the outstanding lite. there was no
resulting trust iu favor of Charleston
which. 10y reason Of his warranty. enured
20 the benefit OF the appellant as the
grantee Of Hyndmen third. neither was
Kelley. by reason of the acquisition Of
the title from the Vance heirs. affected
with a constructive trust 70 favor OF the
appellant. fourth, that the appellant hav-
ing acquired the title 10 the minerals
and timber and Kelley. the title to the
surface, there was q complete severance
OF the title 10 the minerals and timber
from the title 10 the surface, and the
creation OF separate and distinct free
holds. which were tho subjects Of pos
session, enjoyment, and incumbrance.
that there was no community Of interest
between them and that they were neither
joint tenants nor tenants in common.
but each had a separate estate: NTH the
appellee by his answer which ne asks 10
be treated as a cross bill. and which
WIS so treated by the Court. asks 10
have the cloud removed from his title
which existed by reason OF the convey
ance from Carkston to 4.yluman and
from Hyndman 10 the appellant OF the
minerals and timber.
This being a cloud upon the title. and
tho appellee being In possession OF the
land. and being prevented by his posses
sion from rosorting 10 an action OF eject
ment as a remedy. he was entitled TO
have the cloud removed by a court Of
equity.
selden W.. Camp and ais. From the
Law and Equity Court OF the city Of Nor
folk. Appeal and supersedeas. Bond
$500
Van Wyck and ais. VS.. Van Wyck. ex-
ecutor, and ais Law and Equity Court
Of Norfolk. Appeal and supcrsedeas.
Bond $500.
Buford q Company VS.. North River
side Improvement Company. Hastings
Court of Roanoke. Appeal and super
IDEAS. Bond $3.50.
Aetna Life Insurance Company vs.
Ragsdalos administrator. Circuit Court
OF Piusylvania county. Writ OF error
AMI suDcrsedeas. Bond $3.50
kinnier's administrator Us. Woodson.
Hastings Court city Of Roanoke Appeal
and supcrsedoas. Bond 5000
Leach, assignee. vs.. Wheauy. Circuit
Court of Rockbridge county. Appeal
refused.
Merchants National Bank VS. Stcrrett.
Circuit Court of Rockbridge. Writ Of
error refused.