Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-07-10
no JURISDICTION.

no JURISDICTION.
White. &c, We. Valley p. and Inv. Co.
Appeal Dismissed. Opinion by Harri-
son. J.
There were two liens on a parcel of
land the first for 400 the owner OF
the land a corporation. The property was
advertised for sale TO pay this lien,
when a number Of stockholders in the
corporation, the appellants. advanced the
corporation SlC0 each 10 pay off the lien,
and IL was paid and released. Then the
next len-holder sought TO sell for his
debt. when these stockholders filed pc
tition setting out their payments, and
claim 10 be subrogated 10 the first lien,
and to have the same enforced to the ex-
tent Of the several amounts advanced by
them.
Held: Each OF the appellants made a
separate loan TO the company. There was
no community of interest among them.
Each had an Independent contract, and
the right to enforce IL. without regard to
any OTHER. Though they filed their petit
ton as co-petitioners. II was merely as
a matter Of convenience, and in no way
affected or changed the distinct charac-
ter Of their several demands The claim
OF each being for a sum less than $500,
this court is without jurisdiction. UNI
barger VS.. Watts. 25 Graft, 167.
LACHES.
Baylor & Carr VS.. Fulkerson's Executors.
Affirmed. Opinion by Harrison, J.
Fulkerson qualified as guardian Of his
three children, who inherited from their
maternal grandfather IN 1865 their
mother having died shortly before him.
They also inherited from a maternal I'M
Gle, who died I'm 1866. whose administra-
tors were successfully Ruger, Hopkins,
and FulkersOn, none Of whom ever made
a settlement before a commissioner.
In 1880 his youngest daughter married
Carr, and in 1852 his other daughter mar
ried Baylor.
In 1854 Fulkerson ana his wards. their
husbands uniting, entered into a sealed
contract, setting forth the several capa-
cities in which PulkersOn was liabe-viZ:
as guardian, as administrator Of their
uncle, and s surety Tor Hopkins, a for
mer administrator; that as guardian and
he had received various
sums Of money, notes, bonds, etc, which
had been partially disbursed for his
wards. but Of which no accurate account
had been taken ana no settlement made
before a commissioner; and 10 settle fully
and finally all these matters Of account
and liability, he would pay TO each ward
500. In consideration Of these sums, re-
7cipt Acknowledged, the wards agree fully
and finally 10 acquit. release and dis
charge FulEersCn. Fulkerson died in 1896,
md IN April Of that year suit was brought
~ his daughters, charging fraud and con-
'ealment In the contract Of 1884, and that
t was made TO hinder and estop them
rom enforcing the sacred trust for their
lenefit voluntarily assumed by him, and
no Id
aside as TO them, that Fulkerson's &C.
cunts as guardian and administrator be
.ettled, and his executors be required to
ay to them from his estate the amounts
hown to be due them. The executors
emur to and answer the bill. denying the
harges, insisting that the contract rep
esented a full and fair settlement for all
hat was due them, and relying further
pom the statute Of limitations and
aches.
Held: While settlements with wards |
Don after they become Of age, and espe- |
tally before coming into their estate, are |
aalousiy scrutinized by courts Of equity, |
he law does not prohibit the guardian |
rom dealing with his lately emancipated |
ards, and a release Of or gift TO him !
nay stand if shown 90 have been made I
and with sufficient opportu- |
ity for consultation and advice. Lons |
nd unexplained acqWeScence IL, IN TINS, |
5 in other like cases, an effectual bar
wo Leady cases in equity, part p pages
g2-13; Minors Institutes, page 492.
When this contract was made the son
as Z, and the two daughters, respect
ely, % and % years old, and both mar
ed living at their own homes under the
fucnce and protection OF their hus-
lnds, who were men Of intelligence and
lisness capacity, as they were ladies OF
lucation. There was ample time for
insulation and advice, and the contract
as executed deliberately and volunta-
w. The contract was ample notice, If
~ were needed Of the characters In
hich the father was 10 settle, and gave
fun account of the property, and the
formation that no accounts had been
mt nor settlements made. No misrepre-
ntation nor concealment of any mate
n fact is shown 1t further appears
at Baylor soon after the contract was
vestigating these matters, and advising
it'll counsel in regard to It; and in May,
36 he got a letter from the County
ERIK. giving HIS detailed account Of the
alters ana items OF charge against
ilkerson, now set up in the bill and al
zed 10 have been discovered since 1886.
le sisters. neysitbeless, remain silent
r twelve years, acquiescing in the con-
act. until their brother is dead, and all {
her persons connected with the trans
lions they now seek TO investigate,
q pinetv DAVIS after their fathers death