Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-01-19

| ever heard of. and i question whether ne
| has ever done so. A.,
| said specifications are inconsequential ana
immaIerial, and are not sustained by the
| evidence.
ALLEGED FRAUDULENT DEED.
Specification No. 4: After having exc
| cuted two deeds of trust upon a tract OF
| land thereby creating liens upon II IN
/ excess of its value. he sold a part Of this
land TO an illiterate man, with genera
warranty of title. The deeds of trust were
afterwards fOreclosed. the purchaser lost
his land with the improvements, and TINS
Judge has not paid one cent :. the dam
ages awarded by the CirCut court. -
As TO this specification yod- committee
fnd from the evidence the &c. owing RAGS:
In the year 1892. prior TO the execution
Of one. If not both. of these deeds OF trust
in said specification mentioned. the saI9
" : Turnbull. Dy verbal contract, solu
/, one Warwick Hicks lot of lana, CON
tanning $500 acres. who entered upon the
possession of the same.
After this sale. but before the said land
was conveyed 10 the said Hicks. the sihd
deed OF deeds of trust were executed. con-
veying the lands of the said n: ;. Iurh-
bull, including the land sold to HICKS.
At the time of the execution OF the
deed to Warwick Hicks. the said n. ;.
Turnbull called his attention TO these
liens and offered TO get Mr.. Manson, lne
beneficiary in said deeds of trust. TO unite
in the deed TO him. to which said HICKS
replied that he preferred to have his deed
then: that ii made no difference ana that
he felt assured that he CrurnbulD would
stand between him and Mr.. Manson. II
appears that at the time or the sale 10
said Hicks the existing liens on the pro-
perty of the said n. s. Turnbull If any
there were. were far less than the VaIue
of the same; and, as matter OF law,
your committee is of the opinion, under
.f.-fl &c % AnnTHlS
CHAPMAN VS. Chapman. &c, 81 va. Re-
ports. page 397. that the said Hicks is en-
titled to hold his property as against the
deeds Of trust which were created subse-
Quent to the said sale.
TURNBULL ACTED HONESTLY.
Your committee is further of the opin-
ion that, even at the date Of the deed TO
Hicks, the said n. S; Turnbull had reason
perty, real and personal, was more than
ample TO satisfy all of the liens thereon,
which then appeared of record against II,
without subjecting the properly sold 10
the said Hicks as aforesaid. Indeed, COM
missioner r. p Buford reports the same
TO be worth over $500. or nearly $1,000
more than il brought. And as a matter
OF fact il appears from the evidence ah-
duced before your committee that the
estate. real and personal. of the said n.
S. Turnbull was. at the time Of the sale
Of the said real estate 70 the said HICKS
and at the date of the execution or the |
deed 10 him, more than suf1lclent 10 sdtlSly |
the liens thereon, without subiecting the |
real estate so sold the said HICKS, ana |
the necessity of the sale Of the said lands |
to satisfy the liens thereon. was OCCASION |
ed by the fact that claim was preferred |
against the said n. S. Turnbull for ad-
vances made by his father to him in ms |
lifetime which was totally and entirely |
unexpected by the said \. ;. Turnbull. or |
his attorneys. had never been heretofore |
nd Jrbip when nTpfFrTfn
regarded as invalid by Mr.. Robert Turn
bull attorney for the said y. ): Turnbull,
but which was subsequently decreed by
the Circuit Court of the county or Bruins
wick 10 be the first lien on so much Of the
real estate Of the said n. S. TurnbulF as |
was devised TO him by the VIII or MS
father.
Under this condition Of affairs. a chan
Gerry suit was brought to ascertain the
liens upon the real estate of the said y.
s. Turnbull and under DEGREES in said
suit his said real estate was decreed 10 be
sold and along with ii the land sold to
the said Hicks was. as your committee
Is Of the opinion improperly sold. At the
said sale the said y. s. TuTnbull used his
best efforts to protect the said Hicks, and
have the said property bought In for him
From the entire evidence adduced be-
fore your committee they are Of the opin-
ION and so report. that no Intentional
wrong or moral turpitude was. or Is, at
to the said n. 5. Turnbull, in
|
iect Of this specification last mentioned.
CHARGE OF FRAUD AS COMMISSION
ER.
Specification No. 5: In the fiducary char
iCter Of commissioner of the Circuit Court
n certain chancery suits. which came TO
him from his fathers practice, he is a
confessed defauter.
AS to the general allegation that Hon.
Y. S. Turnbull is a confessed defaulter,
'our committee reports that it is not sus-
aimed by the evidence adduced before
hem.
Subsection Ia: In the case Of Beckwith
rs. Clayton, pending in the said Circuit |
curt he was appointed commissioner to |
ell real estate for the payment of liens.
lie sold the land. and failed to report his
ales although requested time after time
o do So and at length. under the com
,ulsion Of a decree Of the court. referring
o a commissioner TO inquire how much
money he had received he was forced 10
Omit balance against himself Of about
ZOO. all of which at that time dune. 1892
Z my memory serves mel he had appro-
rated and the greater part of which has
OF been paid.
ecree was entered at the April term.
SOP. Of the Circuit Court Of Brunswick
ounty, at the instance of Judge Turnbull
Erecting an account, among other things
( his transactions as special commits
Toner In said suit. On the "a OF May. 1892
balance or 500 was reported in his
ands. When the sales OF the lands, from
which this fund arose were made. il does
ot appear; certainly they were made
ubsequent TO January ]. 1883. The testi-
nony adduced discloses the fact that the |
ales were small. and the payments by
urchasers were not promptly made and !
icre made in small sums and amounto