The times. [volume] (Richmond, Va.) 1890-1903, 1897-07-18
SUPREME COURT CASES.
pfGEsTy or OPINIONS HANDED
DOWN TWTTHEvILLE.
Aani,.ion a. Evidcnce-Evidcnce ut Re
ial-subrogstion-fqui Jurisdic-
tion-othor Important Cases,

,lg.is caee involves "A sale OF land made
sundrv times by the successive grantees
with deferred payments from cach pur-
chaser Al length Sicmp sold 10 MliiS.
deferred payment $Avv. VINO sofa
toolcty 20 sands trustee, having ptld
ONLY SIS on the deferred payment and
owing Slcmp the halnce. Decree for safe
OF $50 much OF the land sold-to Mills rs
fnieht be necessary 10 pay OF unpaid de-
fcrred payments. and TO the parties en-
tited 10 receive same. The other partes
70 whom deferred payments had Deen que
admitted in open court that thcy hdo
been paid in FULL Tho grounds or error
assigned arc first. the admssipihiy OF
these admissions. and second, 10 account
OF Icus.
Held 4. The admissions OF parties given
IN open court is not only admissible but
tho most satisfactory evidence OF the pay
Inent OF debt. or satisfaction or a ien-
g The liens being sufficiently establish
Cd hv he decree which was based upon
admissible and sufficient testimony. an
order OF reference was unnecessary.
O. There is no particle Of evidence TO
sustain the charge OF fraud
EVIDENCE AT R7-TRIAL.
Carpors Administrator IS. Norfolk and
Western Railroad Company. Affirmed.
Opinion by Judge Keith (presidenD.
This case. once before here is reported
IN rs Va. $685. The Court held that the
Instructions given the jury were correct
but reversed the court below. on the
ground that the verdict and judgment
were contrary 90 the law and evidence
and IL was remandld for n new trial.
At this new trial. instead OF putting wit
nessos on the stand. their testimony was
read 10 the jury from the record Of the
former trial. Demurrer 90 evidence, ludg-
ncut FOR defendant and appeal by plain
I'm s administrator.
Held. The case IS here upon the same
facts as before. il was then heard on
"A motion % set aside the verdict as con-
trary 20 the evidence. the evidence was
adiudged insufficient 20 support the ver-
dict. and a new trial awarded. The
same rule Of decision applies, upon the
demurrer 90 the evidence by force OF
the statute. as was then applicable. II
there had been a change Of facts. a new
decision applicable 10 them would be re-
quirod. and the former decision would
cease. Wells on Res Adjudicata, &c,
90
The record calls for a decision between
the same parties. upon the same evidence
end the same issues as before, when 10
was the unanimous judgment Of the
Court that the testimony was insufficient
10 sustain the judgment. What else could
the Circuit Court do IN the face Of the
reversal boy this court OF its former ac-
ton than render Judgment in accordance
herewith.
SEGREGATION.
combs &c. u.s.. Gambler. &c. Reversed
Opinion by Judge Buchanan.
Gambler and others bought land on
which was subs.sting lien. The land is
sold TO satisfy said len. they became the
purchasers. paid costs Of suit and sale
in cash. and gave bond with security %
ID.
payments. They aIlege BOO their bin. filed
before the first bond became due that
the amount Of the bonds is equal TO the
sum due hy their vendor. that they were
executed in liquidation thereof, and were
accepted hy the lien creditors in payment
OF their lien or decree, and they ask 10
De subrosated 20 the rights of the credi-
tors. The record shows that the amount
OF the bonds U.s. equal 10 the lien debt.
but there is DO proof that lien creditors
accepted tho bonds Id satisfaction Of their
debt
Held. Before surety can De subrogat-
cd u the rights Of creditors against the
principal debtor De must have actually
satisfied the dcht-not necessarily in
money hut ~ creditor accepts property
negotiable paper or other securities from
him in fun satisfaction that is generally
sufficient 90 cuUte him 90 Doe suhrOgated
20 the rights of the creditors against
the party for whom hc thus made pay
ment. Having failed t0 prove that credi-
tors accepted the bonds 300 payment and
satisfaction. they had no right OF subro-
cation when suit was brought. Brandt
on surotyshlp. see. 2i9 2-o. Psi. sheldon or
SEGREGATION. secs. l2s-l-a; Gatewood &c
VS. Gatewo0d 90 Va 900; Tarr VS.. Ray
enscraft. T. Graft CO.
RES NON ADJUDICATA.
ID Pow ars. I'D n