The times. [volume] (Richmond, Va.) 1890-1903, 1896-07-31

that he decree OF the court which under
took in her absence to dispose OF this
interest AMI transfer II to another Is
void.
Maddocks' Administrators VS.. Skinker
ct ais. From the Hastings Court OF
Roanoke. Reversed. opinion by Rely
Judge.
First That the entire amount OF tue
Judgment cOntrovertcd by the appeinht
was the natter in controversy on Inc "p-
peal. and that being over 500. cNcinSN,
OF costs. the motion 10 dismiss The appfai
should bo Overrul,d.
Second. That 1t is not the duty 81
commissioner 10 return the evidence on
which his report is based unless directed
~ DO so by the court or requested byfone
OF the PARTIES and upon an exception
10 the report on the ground that IL Is not
supported ly tho evidence, the exception
must be oyerruled unless the eNcer'dnt
takes the proper steps 20 bring the evil
dence before the court so that the c)ait
may review II.
Third. That separate creditor OF one
OF the partners OF a firm cannot obtain
more bv levy OF his execution on the
partnership property or under the lien
thereof than the share OF his debtor IN
debts and adjusting the accounts be-
tween the partners themselves: that the
interest Of each partner in the partnership
property is his share of the surplus after
all the firm debts are paid and a balance
is struck between the partners and that
: rs only this interest 30 aSccrtained. that
IS subject 20 the lien Of the execution OF
the individual creditor.
Hickman by &c VS.. Hickman e ais.
From the Circuit Court Of Roanoke coun-
~, Reversed. Opinion hy Rely. Judge.
The question I'M this case was I'm regard
20 the priority Of lien upon real estate
between "a deed OF trust TO secure creditors
and a decree for money rendered I'm va
cation against the grantor In the deed.
The decree was made and returned TO
the clerks office on the same day that
the deed was admitted to record. and
afterwards duly placed on the lien docket
Held.
First. That judgments and DEGREES re-
covered or entered by the court In term
whenever the action or cause IN wnich
tho Judgment or decree was recovered
or rendered was In such condition mat
IL might have been tried on the first day
OF the term. II IL had happened TO occupy
the first place on the docket. take effect
the lien thereof begins at the first mo-
ment OF the day. and that there is no
difference IN respect % the commence
ment OF Tho lien between judgments and
DEGREES recovered or r4nes red in term and
judgments and DEGREES confessed or rem
dered IN vacation.
Second. That where the legislature has
departed from the common law princi-
pie OF the unity OF the day. its purpose
has been plainly declared. as in the mat
ter Of executions whore IL was required
the officer 10 endorse the time OF the
day. as well rs the day. when be receives
Il: and In respect 10 deeds Of trust and
mortgages. which are declared TO be void
as 10 purchasers and creditors except
from the time they are admitted 10 rec
ord. and where two or more deeds Of
trust or mortgages embracing the same
property are admitted 10 record on the
same day. that which was first admitted
TO record has priority.
State Savings Bark vs.. Stewart. From
the Hustings Court OF Roanoke Affirm
cd. Opinion by buchanan. Judge.
Where several particulars are given In
the description an Of which are necessary
10 identify the land intended TO be con-
veyed. nothing but what corresponds with
an the particulars will pass by the deed
but where the deed contains two de-
scriptions OF the land equally explicit. but
repugnant 70 each other. that description
which the whole deed shows as best ex-
pressing the intention or the parties must
prevail. The court win look into the sur
rounding facts and will adopt that descrip-
ton. if certain and definite. which In the
light of the circumstances under which
IL was made will most effectually carry
out the intention 81 the parties. \
deed describes lots as being situated At
the corner of Trout avenue and l
street. giving courses and distances. and
then describes them as lots. known as