Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-02-11
TRIBUTES TO THEN.
STAPLES AND BURKs MEMORIALS
PRESENTED IN SUPREME COURT.
FIVE OPINIONS ARE HANDED DOWN.
Law and Equity Court of Richmond
Reversed I'm the Octers Cpse and
Ch"ncery Court In Duianey vs..
WiIIis-Other Matters.

rive Opinions one or which reicrre
to two cases involving just the sam
questions. were handed down in IN
Supreme Court OF Appeals yesterday
, and It is n somewhat remarkable fac
that the lower courts were reversed Fl
all six cases. These are probably In
r last decisions to be rendered this term
. as the court will adjourn on Monday.
After the opinions had been delivere,
tho memorials and resolutions adopto,
by the bench and bar in honor of Judge
Edmund c. Burks and Waller r. Staple.
were presented to the court. Major
Samuel Griffith. Of Bedford city. pre-
scented those in honor of Judge Burks
and Hon. Bs b. Munford, Of this city
those in honor Of Judge Staples. Major
Griffith delivered a carefully-prepareC
and very eloquent eulogy upon Judge
Burks. He portrayed with exquisite
taste and feeling the virtues and ability
OF that most eminent jurist.
TRIBUTE TO JUDGE STAPLES.
Mr.. Munford. I'm presenting the resolu-
lions on Judge Staples, his friend and
partner, made a short but eloquent
speech. After speaking Of his veneration
Of the many noble qualities of mind and
heart Of his departed friend, and dwell
ing upon his qualities as lawyer, jurist.
ana citizen, Mr.. Munford said:
AS a man he was catholic i'm his SYM
| patnleS and tolerant in his Judgments.
| Gentle or heart and generous OF hand. he
possessed simplicity of character which
| IL rs difficult TO appreciate. when we con-
| slider his vgor of mind and warmth OF
| neart. He loved the GONNA nionship of his
Fellows. and found i'm congenial society
me keenest delight. He revered his Gre
| ator and loved his felloWman There was
little, / take IL. of dogma i'm his religion.
! WIN cam trust in the all-wise and mer-
! ciful Father he met the problems and
responsibilities Of this life. and received
/ the summons which called him 10 mo
! higher sphere The bodily infirmitias
| Whlch touched his last DAYS did NOT mar
! me clearness Of his intellect nor abate
one warmth of his heart. When the end
! came the physical man alone FAILED
| while his spirit undmmed PASSED 70 GRO -
'ne Blorles OF the eternal morning.
ouCli ar. President, I'm q word were
some OF the characteristics OF this man
win Whom, for wears. / had the honor to
be closely associated. and for Who's
memory entertain the most affectionata
regard IL seems 10 be peculiarly ammo
pirate that here before this tribunal
, Ttiai1I Ior years he adorned as member.
as an advocate many Of his most sienai
ulumphs, his virtues should he recoun,od
dnu ms memory hOnored The menoriai
Sl MS pretnren which l present. is well
cenfance for SI5lr name | ask It's ac-
able court " ~ ''iS HVilol-
Ihe Opinions OF the Dax
hd Fo1lIowips are abstracts Of the opinions
JORDAN. &c. VS.. Liggan. &c Ro,orso1
Opinion by keith p. e''e"
g.. 'esaltoTs' bill attacking decd Of trust
rIr iiaua. Demurrer TO bill as muitifa-
rlous sustained. and appeal The bfi w.
nled and. before any apnearanco "a7
"aaehuInent 70 1t was filed in the CIerls,s
oHIce whether this subsequent manor
si1,u,ied AN amendment TO the origi
nal Din or an amended biII,, rro,,,s.
n question Of some difficulty but i ~
important I'm in the view taken Of the case
by the court. '''0 case
,,d he'd: / TO constitute a bill multifa-
Iious as presenting several causes Of az
ton. IL is necessary "not onlv 49, a.
dlHerent grounds Of the suit must he |
wholly distinct. but each ground must bs !
S S,l. as stated in the bill" Storv's |
rader l., 90 s,Csnlons Z2-6; Snavely vs. Hark- |
faueI' ~ bratt., l26. In cases invoIvine. |
fraud great latitude Is allowed in niesd9 |
hss-clrcumstances. however vartous
ahu partles, however numerous. In The |
same Dill so long as one scheme Of froa1
Is alleged. Multiplicity of sllits t. ii
outraged. and the objection OF nultifa
! io4Shess VIII not prevail where there f.
90 udpihty 70 injustice Yates vs. Inv
ward. GIG. '' O"e"' no
II is impossible to law down q gene
ad rule; and courts must decide each
go on us own circumstances. controlIed !
Any r,I5or 10y d sound discretion. Bolton VS.
= ipp'sISoh' % Graft, 2OL They look par
ucuiarly TO convenience i'm the admins
lr,aion or Justice and if this be accom-
pnsned by the methods adopted the Oh
,' rGi'ou OF multifarl9usness will not pre-
van uhless the methods be so injurious Ia
one party rs 10 render il inegiIitabIa ~
acconphsh the general convenience M his
expense School Board VS.. Parish %
en a., oI ItO, While the bin as whole, or as
Exemplary pleading. its faults arc not
7uch as that the demurrer Should have
been sustained. nave
EQUITABLE MORTGAGE.
D!niany vs.; wills, -. Reversed. Oplp-
ION by Harrison. j. F'''
, Dgulany endorsed notes for Jones. who
undertook to save him harmless nv a !
Iced TO --. trustee ~ ,
Held: !. The lien created bv sucb q
.ohtract Is an equitable MORTGAGE" and
~ i az asts whenever the agreement shows a |
lear intention 10 make some particular
property a security for the debt men {
Toned and 1t will be enforced ON the
' rms t, that equity will treat that as
''''~-i - AK ttiutul Is 10 be done
Jones on MOrtg's sections 1923 las.
Nuuners vs. Putney. &c, Il Graft. III
z. Though the writing was not aclnou-
edged or recorded. IL must vet nravoil
sainst the claims Of general creditors
II the deceased. Their rights as 10 "a do I
edents estate are subject 70 All tho
quities attaching thereto at the time Of c
rs death and cannot be enlarged or i'm
roved beyond those of the debtor 10 the {
ieJuaice OF creditor who has taken r
en-, though ne failed 10 record II m |
Sailing creditor must come u.stb ne c
en- by judgment or otherwise giving
I'm right 70 charge the property speci77 o
cally. Mechanism VS. Keen. III Graf
%. The lien claimed by appellant could a
ave Deen enforced i'm the lifetime of his | {
eDtof. and creditors without liens could T
OF have complained. The death Of the
eptor mas, wrought no change I'm the G
ghts Of the parties
ADVERSE POSSESSION. e
Ieeden. &C. vs. Haney. Reversed r.
opinion by Harrison. J. :
held; Verdict contrary 10 law and evil -
nee Gas 10 interlOck containing - 10 -.
resi-, and should have been SET aside ',
urther, IN order for adverse possession | ="
part OF one 10 extend TO the whole OF q.
'th the TWO lnteriOcks should have been | ~
lited in the plaintiffs IN error for fifteen .,
ears prior TO the suit. y
UNPAID ASSESSMENTS. -
lpreme Lodge Knights Of Honor VS.. : p
ygetsfs' &c Reversed. Opinion by II
Jeters failed 10 pay before the last dav -
December the assessments for that
onth. BY force of the constitution of II
G order, he stood suspended January Isl
ld was so reported TO the Supreme =