The times. [volume] (Richmond, Va.) 1890-1903, 1898-05-31
CLARKE CIRCUIT COURT.
Interesting Suits Decided - Far
Reaching Railroad Case.

Reaching Railroad Case.
BERRYVILLE. VA. May 9o.-SpeciaL
The Circuit Court. which has been in
session here since May 10Th. adjourned
To-day. Among the chancery causes heard
was that OF Jesse Tyson against BenJa-
min Howard Tyson. Of Baltimore. 20 sub
jet the defendants interest-one TWEEN
tieth-in the "ROsemont' Stock Farm, IN
Clarke county, TO the payment or q
Judgment for N.20.16, obtained by the
complainant in the Superior Court OF Bal
timore city. and a decree was entere- az
this term ordering the sale OF SAID IN
terost.
In the chancery suit OF Fanny y. Walk
cr's administrator against Mary r.. Hefe-
bower ct ais. which has been upon the
docket Of the court since 1879, an issue
out OF chanccry was tried and Judgment
was rendered for the defendants. Mrs.
Walker died I'm 1877, leaving "a valuable
estate. Among her debtors was her
niece. Mrs. Helcbowcr, whom the COM
p|lainant claims expected to receive a
legacy sufficiently large 10 cancel nor
debt. and the legacy not being forth
coming she fraudulently ana without
valuable consideration conveyed 10 her
three daughters all her property. The at
tack was made upon this conveyance
with the result above stated.
An especially interesting case on the
law side Of the court was an action or
assumpsit, brought by William %. Reed
a large grain dealer operating In Berry
Vile and GAYLORD. In this county, against
tho Norfolk and Western Railway Com
many. In August Of last year Reed ship
ped two carloads OF wheat to Locust
Point. Baltimore. These cars when start
ed from GAYLORD contained each one thou
sand bushels OF wheat. but on the arrival
at their destination one had lost 22 BUSH
els and the other 172 bushels. The rail-
road company claimed that I'm accordance
with the terms of the contract OF snip
ment notice Of the loss was required u
be given to them within thirty days ana
that this had not been done and that "
consequence they were not liable. inc
tury thought otherwise, however aho
bought In o verdict Of S55g.5i, the amount
claimed, for the plaintiff.
The will Of the late Peter Mac Pierce
was admitted 10 record, and Messrs'
John w. Pierce Of Hagerstown, ana Johh
Gauut qualified as executors. a valuable
farm In Clarke county and other property
are left TO his. children. The following
office judgments were entered. Shenandoah
valley National Bank, Of Winchester
against Charles r. Hardesty and Mar
| shall Mccormick. judgment for $50 DEBT,
| same against Charles r. Hardesty ana
A. y. Pierce's administrator, judgment
for $500 debt. same against Charles H.
Hardesty. judgment for $3.50 debt. susan
NJ. Houseman against Charles r. Har-
desty. Judgment for $500 debt; VI. G.
Mccormick Harvesting Machine Com
pany against G. X. Sewers. Judgment for
$3.50 debt. VI. g. Richardson against X.
J.. McCarty and r.. ID. McCarty, Judgment
for 1922 debt. HagerstOwn Steam En-
CINE and Machine Company against p. J..
Carter and others, judgment for {ho
debt. C.. b. Rouss against J. y. Laws.
judgment for $3.50 dcbt; and r. Il. Daw-
son and Company against T.. Bundy,
judgment for sl03 debt.
The following foreign attorneys were in
attendance upon the court: Messrs. IA. II.
Downing. r. fl. Jackson and N. J. Full
ton. of Front Royal: w. ii. Travers, Of
Charlestown. and Robt. NJ Ward. w.
Roy Stephenson. John j. Williams and
r.. r.. Byrd. OF Winchester.
The suit OF William T.. Grubbs against
Jesse n. Russell, being an action grow
ing out OF an alleged assault made by
Crubbs and his three sons on May o. 1896,
was continued to the next term OF court.
II was discovered after the case had been
partly heard, that one of the jurors is a
relative of RusselIs, n exception %
this was taken by Russells attorney.
who then refused 10 proceed with eleven
jurors.