The times. [volume] (Richmond, Va.) 1890-1903, 1898-01-21

mcnts in favor OF othcry. The lower
court held that she had no right to en-
cumbcr the estate by conveyances vol
| unfairly made but that judgments regu-
larly obtained became liens thereon.
| Held: "All interests, estates and prop
| er,y. rights OF every description. which
I come 10 married woman from
| whatever source are, with exceptions
! which need not here be noted,
to be held and enjoyed as her
separate estate" Property held as sep
| arate estate prior to the Married Wo-
mans Act" retains that character. and
her power over IL r. controlled by the
terms OF the settlements creating the
estate. Code secs 1854. 229i; Miller VS..
| Miller. % Va, 5l0 Pom. Eq. Jur. sec.
llco.
O. The will creates an equitable separate
estate in Mrs. b.. and resort must be had
| to the will to ascertain her power 20
| change It. The general principle is that
\ married womln may charge her sepa-
' rate estate by her general engagements,
unless the instrument creating IL imposes
some restriction. which restriction may
v express. or i'm piled from the whole in
$, 'rument. II she cannot convey nor en-
on uber II, Meth er can she fasten upon
4, VI lnchoate charge. which the courts
NAV elevate TO a lien or encumbrance
Tho law which limits the tpower OF the
bened ciary over the subject has at the
same tine circum scribed the power which
NAV he exercise a by the courts. The
powers q the courts are coextensive with
those OF the parry. but no greater than
that confe fred on the married woman by
the instrui uent 81 eating the estate. The
restraint III on one is equally a III taton
upon the other. I'rlce VI. Planters Natl
Bank. 80 Va 4es.
USURY.
Greer. rcc'v.. DC. VS.. Hale. &c.Af-
nrmcd. Opinion BY Judge Harrison
VIII equity relic We against a judgment
nv default at law on a contract tainted
by usury? What is the measure OF re-
lief?
Held The first question has been long
since settled afir ma lively. Young VS..
Scott 4 Rand AS Exchange Bank VS..
Fugate. % Va S2ll The change In the
statute that usurio US contracts shall be
deemed 10 be for an Illegal consideration,
instead of void as formerly. furnishes no
warrant for departure from the settled
doctrine nor do the recent decisions.
Scott VS. Bank. 81 Val. 652: Munford VS.
Mcvegh % Va, 446.
Q In all cases involv ing usury. whether
Mt law or i'm equity. the mea:ure OF relief
Is the principal sum ient or forborne,
subject to the rule touc hing the applica-
ton of payments laid Clown in Munford
VS. Mcveigh. supra.
MECHANICS LIENS.
Gilman VS.. Ryan. Affirmed. Opinion by
Judge buchanan.
The appeal as TO all but three of the
appellants is dismissed for want OF Ju-
risdction-less than $500 in controversy,
there being nothing to bring either within
any OF the exceptions to the general rule
as 10 jurisdiction. The only question ne
he O.
is whether the accounts FLED by them in
the clerks office are such as are required
TO be filed to create mechanics liens
Held l. The filing Of the account is the
initial and one of the most important
steps. and a substantial compliance with
the statute that the account snow
the amount and character of the work
done or materials furnished, the prices
charged therefor. the payments made, II
any. and the balance due" is essentlal
10 the creation of the lien, and niece ssary
for The protection of owners. plrch asers
and other lien creditors Taylor VS.. Meth
erwood 81 Va. IS. In each of TIM ac-
counts filed there is failure 10 state the
amount of work done and materials FUR
nishai. and the prices charged tina reior'
This defect Is not such an inaccura cy as
tho statute declares shall not inva date
the lien but an entire failure 10
state what the statute requires no be
stated. The demurers were properly sus-
tanned. and the decree is affirmed
EVIDENCE. &c.
y. Y Life Ins. Co. vs.. Taliaferrd Al
frmed opinion by Judge Buchana n.
r. brought assumpsit against tho com
pany for services rendered as aSer IN
Producing an agreement under seal in his
evidence Company objected TO IT ets not
nroper TO sustain ass .mf sit. Lat er IN
the trial company read - POSITION OF It's
president. to which was attached a du-
nlicate of the agreement. which 7 insists
was a waiver OF objection
Weld. II a party object TO eviderte ana
afterwards introduce the same umsef,
IL is no ground for reversing the Jude-
mont though the evidence was 1ncom-
petent Va. & Tenn. Coal and lr on co.
VS. Fields. 26 \. T.. r., 426.
PARTITION OF PUBLIC PROPERTY.
BOARD of Supervisors or Alex andria
County VS.. City Council Of AleXa ndrla.
Anpeal dismissed. Opinion by Judge
Buchanan. 49,.
Appellants filed their bill for par 'ition
In kind OF the courthouse ana J8sl OF
the county and city OF Alexandria, our Tor
their sale. and an equal division OF pro-
Goods LAWYER court declined TO grant
relief prayed for until the Legisl AZURE
shall determine the respective interests
az the city and county in the property
Appeal
Held: The deere is not final, not does
II adidicate the principles of the cause.
Code section 3i54: Elders executrix- VS..
Harris. 20 Virginia. So. 73-4. The court
expressly declined 10 determine the IN
tcrests OF the parties or grant the relief
sought till legislative aid was had. The
parties had the right 10 await legislative
action or 70 apply to this court for a
mandamus 10 compel the Circuit court
TO act An appeal lies TO correct errors
by trial court in deciding case, not ior
refusing 10 decide II.
. Without legislative authority neither
the court nor the parties had the power
to make partition or sale. The general
laws of the State confer no such au-
thority The title OF the special act
Acts 1885, page 559-is not broad enough
to warrant such legislation. Lacy VS..
Palmer. SO Virginia, l59: Martin VS.. south
Salem Land Company. 26 Southeastern
Reports, 59l, constituting Virginia Consti-
tuition. Article ". section 10.
3. The Legislature. as the trustee and
representative OF the general public, has
fun control over the public property and
the public rights OF the cities and coun-
ties OF the Commonwealth. and when any
change is made in the use OF property in
which two or more subdivisions OF the
oro Int the interests Of each