The times. [volume] (Richmond, Va.) 1890-1903, 1898-02-11
EQUITABLE MORTGAGE
THE C4sE OPDUIANY VERSUS VII
LIS &C, REpERSED
by tho SUPP cine Court OF Appeals Other
Important Opinions Handed Down-In
Memory ofJudccs staples and Burks.


jordan. Sc. rs. Lieean. Sec Reversed.
Opinion By Judge Keith lprosIdenO.
Creditors biz attacking a deed OF trust
Tor fraud. Demurrer TO bill as multi
farious sustained and appeal.
Tho bin was filed. aud. before any APP
psarance. am amendment 90 u was filed
in the clerks Office. Whether this sub-
se4ucnt paper constituted can amond-
mCni 20 the original bin" OF an amended
hiu' presents question OF some din
Guilty but r. unimporant I'm the view
taken Of The case 10y the c0ur,.
Held T. To constitute "a bin mulufariou0
as presenting sevcfa. causes Of action, ~
IS necessary mot only that the different
grounds Of the suit must De wholly dis
tinCt. bui each ground must De- sufficient.
as stated iu tho bill" StOry'c FL. Pl.,
Secs. 2'5-G. Snavciy vs.. Harkrader. p
Graft. Us
IN cases involving fraud. great latitude
IS allowed In pleading. Circumstances.
however various. ANA parties however
numerous in the sumo bin. SO long as
one scheme of fraud is alleged. Multi
plicity Of suits Is discouraged. and the OBJ
lection OF n.uluf3ri BUSINESS viii nos pre-
vail where there is mo- liability 90 injus-
ucc. Yates rs. Law. So Va. lZ5; Gaines
vs. CHEW. 3 Howard. $50.
g. u lie Impossible 90 lay down a general
rule. and courts must decide each ease on
iis own circumstances. controlled only
hy sound discretion. Bolton W. Aupcr-
son. % Graft. 90. They look pnrticu-
larly 20 convenience in the administration
Of Justice and ~ this Doe accomplished
by the methods adopted. The objection of
lnultifariousncss viii not prevail unless
the methods Doe so injurious tO one party
as to render 30 incquitahic 10 accomplish
the general convenience az his expense.
School B0ard IS. Tarsh W Va. $780,
While the bin as whole. OF as am origi-
nal. and am amended bin is not eXcm-
pary pleading It's faults arc not such as
that The demurrer should have been sus-
tained.
EQUITABLE MORTGAGE.
Dulany VS.. Willis. &c. Reversed. Opin-
ion by Judge Harrison.
Dulancy endorsed notes for Jones who
undertook Go save him harmless by
deed 20 -. trustee.
Held J. The lien created by such
contract is an equitable mortgage and
80 arises whenever me agreement shows
clear intention 10 make some parucu-
Tar property ID security for the debt mem
toned: and 30 Will Doe enforced on the
principle shat equity will treat that as
done which hy agreement is 10 be done.
Jones ON Morfgs.. Secs. 1923, 1863. RUIZ
ners Us. Puincy &c. - Graft SOL
T.. InOuEn the MfllUE Was NNl di-
knowledced or recorded II must yet pre-
vail against the claims Of general credi-
tors Of the deceased. Their rights as 10
dccedents estate arc subject 90 all tho
equities attaching thereto AZ the time OF
MS death. and cannot be- enlarged or I'M
proved beyond those of tho debtor 20 the
prejudice ~ q creditor who has taken
lien. though BE- failed TO record H. The
assailing creditor must come with lien
hv judgment or otherwise. giving him
right 20 charge the property specifically.
Mechanism Us. Keen. l3 Graft. SO.
The lien claimed by appellant could
have been enforced IN the lifetime OF his
debtor and creditors without liens could
not have complained The death OF the
debtor has wrought no change M the
rights 81 the parties.
ADVERSE POSSESSION.
Breeder. &c. VS. Uaney. Reversed.
Opinion by Judge Harrison
Held Verdict contrary TO Law and evil
dence @s 10 interlock containing u IL
acres and should have been set aside.
Further. in order for adverse possession
o. part o. one 90 extend Co the whole
~ both. the two interlocks should have
been united I'm the plaintiffs I'm error
for hftcen years prior To the SUIT
UNPAID ASSESSMENTS
Supreme Lodge knights Of Honor VS..
Oetcrs. sc. Reversed. Opinion by Judge
Rely.
Octers failed to pay before the last
dav Of December the assessments Tor
mat month. BY force of the constitution
Of The order. be- stood suspended January
LIST. and was so reported Go the supreme
Lodge 40 written application was maut
for reinstatement. he died in Feoru"Iy'
"not in good standing. which was tne
condition of the right to claim phNmeH'
of his insurance. He had paid. and the
moneys In January. for which month
there had also been assessments. nut not
enough TO pay what was due for beccm-
her. and it was cOntended thAi tht Hdplt
OF receiving assessments after llt eil"
az tho month constituted a waiver by the
order OF its right To exact strict com
pllancc with the rule. and estopped u
from, claiming forfeiture. There IS no
evidence that the order was aware or
mis- habit. and the constitution expressly
declares that the financial reporters &C
Of the subordinate lodges m the matter
OF assessments. shall be agents OF ihef
lodges. and shall NOT be agents of me S"-
prcmc Lodge. .,,.
from the conduct Of trc financial reporter
without the receipt hy him 'i inc "7''79-
menfs in default
This order is OF tne class known ms
benefit Societies. organized not to make
money but Tor lliN'iNi'i "fi'' '''''
obiecta Their schemes OF henerolence
cannot Doe maintained unless the rules
End regulations of their constitutions ana
t,v-laws Tor the attainment of these oh
iects are substantially upheld. TINS IL
should De- the policy of She laN aud the
aims Of courts 200 do. Otherwise their
schemes Tor furnishing To- thc working
classes and men or moderate Incomes
cheap and simple substitute lor life in-
surance cannot Doe accomplished
DAMAGES FOR LOSS or TIME &C.
Atlantic and Danville Railroad Com
pany vs.. ironmongcr Reversed Opin-
ion BY Judge buchanan.
Since the writ was awarded in this
case. the ease Of tho same plaintiff Us.
Rieeer. which arose ont o. the same ac-
oident. has been decided and virtually
controls the material questions raised
herein.
So the richr OF q married woman 10
recover daraaces for EXPENSES or for loss
~ time Wa fully considered in Richmond
railway and Electric Company Us.
Rowles. % Va. 73s and the conclusion
reached that notwithstanding ch. Toe OF
the code. the husband IS sim entitled 20
the services Of his wife and Is bound Tor
her support. and he an action Cor dam
ages for personal injury 90 her. loss Of
time Is not an element Of damage unless
averrcd i'm the declaration and shown IN
the proof that she was a sole trader
Ia fnlU