The times. [volume] (Richmond, Va.) 1890-1903, 1898-02-02

by Judge SimOnton and the decree OF
the Circuit Court il affirmed.
The Shenandoah Iron Company. man
ufacturing corporation OF the state OF
Virginia. became insOlvent. The trustee
OF n first mortgage on the property OF
the company filed bill for the forecios-
ure thereof under which receivers were
appointed and. on n full hearing obtain
ed lis decree for sale. creditors were call
ed In who submitted proofs % their claims
10 a special master appointed by the
court. The master made his report.
The mortgage bears date April ], 1871.
and secures bonds bearing the same date
10 the amount OF $4,000
In his report the master stated the
claims In classes according 10 ms views
OF their priority.
Among these were certain claims for
labor and supplies which exited against
the defendant company prior 10 the ap-
pointment OF the receivers. but subse-
quent in date TO the mortgage
CLAIMS PRIORITY.
The claimants insisted that these claims
had priority over the mortgage debts,
and that the proceeds Of sale should be
applied to their extinction before any part
OF the mortgage debt could be paid they
rest their position on the Acts of the Cen
eral Assembly OF the State OF Virginia,
passed in 1871 and ls,9. and on section
2iS5 Of the Code OF Virginia.
The Circuit Court overruled this claim
OF priority. holding that the statutes or
Virginia were unconstitutional and yold,
and that section 2iS5 Of the Code OF VIZ
ginia. as to these claims. under the cir
cumstances OF this case. was also VOID.
Exceptions were taken and assignments
~ error made. The question here TO be
decided Is this:
OF the passage OF the Code OF I'M had
claims for labor or supplies against man
ufacturing companies. a lien prior 70 the
lien Of an antecedent recorded mortgage'
After citing "A number OF cases ana opin-
ions Judge Smonton concludes thus;
Inasmuch as to displace the vested Hen
Of the mortgage OF the Shenandoah Iron
Company Of 1881 by the retroactive lam
guage OF section 2iN5 Of the Code or VIZ
ginia would be 10 impair the obligation OF
that contract. IL Is void.
The decree OF the Circuit Court is af-
firmed with costs.
SUMMARY.
No. 222.-D. c. Savers. Geo. w. Harmon
ct al, appellants VS. VIM. H. Burkhardt
ct al, abpellees. Appeal from Circuit
Court Of West Virginia. at Charleston.
Opinion by Judge Goff. Affirmed.
No. 2&.-EX parte, Samuel w. Vance;
petitioner plaintiff in error. vs.. Edward
b. Wesley respondent. defendant in error.
In error TO the Circuit Court OF South
Carolina. at Charleston. In Tindal et al
W. =. y. Wesley. Opinion by Judge Gon.
No. 23i.-The Charlotte oil and Fertil-
izcr Company plaintiff in error vs.. Har-
tog and Fesel. defendant in error. In
error to the Circuit Court, Western Dis
trict OF North Carolina. at Charlotte.
Opinion by Judge Brawley. Affirmed.
No. 23I-GeOrge s. Briggs ct ais. appel
lants. VS.. G.. Richard Taylor, appellee.
Appeal from the District Court. Eastern
District Of Virginia. at Norfolk. Opinion
by Judge Purnell. announced by Judge
SimOntin. Affirmed
No. POE. 9. CrOwther. Joseph Nc
Pherson NJ. L. Weliley. assignees, &c,
appellants, VS.. The Fidelity Insurance.
Trust, and Safe Deposit Company trustee
Court Western District OF Virginia, at
Harrisonburg Opinion by Judge Simon
ton Affirmed.
No. 2i3-W. Vance Brown. Potter NJ.
Brown ct al. appellants. VS.. Cranberry
Iron and Coal Company. appellee. APP
neal from Circuit Court, Western District
OF North Carolina. at Asheville. Opin-
ion by Judge Brawley, announced by
Judge GOff. Affirmed.
No 2l7-Township Of Ninety-six. county
Of Abbevllle. State OF South Carolina,
plaintiff in error VS.. George W. Folsom,
defendant in error. 20 the Circuit Court u
South Carolina. was argued by George NJ.
Trenholm, Of Charleston. S. c., for plain
tiff. I'm error. and by John X. Shields, OF
Morristown. Tenn, and l.. W. Parker OF
Greeneville S. C.. FOR defendant. In error.
and cause submitted.
NOTES.
This is the first time that four judges
have ever sat at one time in this court.
Judge Jackson is one OF the Oldest
judges I'm active service in the United
states.