The times. [volume] (Richmond, Va.) 1890-1903, 1898-03-18

des'gned that each child should receive
land as part OF his share as nearly epuai
in value as practicable; and where I'M
practicable that equal ~ should be at
tanned by o~t-Ibution in money or per-
soral property. But u Ia equally ap-
parent that his intent was that equal'
should be the con,rollny principle In the
division and that any d stributon which.
IN the final result. would produce IN
equality, would subvert the scheme Of the
VII
Held. Though there was an inequality OF
son1e 81 60 IN the value cf the land al
lotsSd appellant and Edward Boottn'
which was not made good 10 the former
vet the share allotted & and received oy
him In land. slaves and money, long
years ago. amounted 70 more than an
equal share OF the estate s.ributed. d
that which remained for di5tr button. ne
had no ground cf complaint at not shar-
| ing I'm the remnant, ana his exception
was properly overruled The decree IS
OF 1867 and 1898. 10 the effect that the
difference IN value Of the land allotted
him and Edward should he made equal
as Of the time he received II. we're ne
cessarlly based on the assumpt on that
In the final distribution there would be
enough property to equal!ze the shares
OF all the children When it appeared
that such was not the cnse. II was the
duty OF the court TO enforce the prin-
ciple OF equality as disclosed In the Will.
These DEGREES were interiocutory only
and II was competent for the court 10 re-
hear ana amend them. which technically
could only be done on petition 10 re-
hear To reverse the lower court on ms
technical error would be In nowise benen-
cal. for they could stll he reheard when
remanded and the same distribution
n
/ the whole record, a iudgment or decree
appears clearly 10 be substantially right
II ought 10 be affirmed, though open to
question unon some particular point NOT
affecting the merits. Minor. Pt. ]. p. 10.
2 Ths suit VS. brought by appellant IN
1851 and allowed 10 slumber on the docket
for nearly thirty years after the war
Meantime property had greatly suffered
and some Of the dsvlsees had d e. After
such lapse OF time and so great laches'
and the death Of parties materially In
terested. the litigation should end. ana
not be prolonged for mere technical
error not affecting the merits.
NO DEBT.
Nottingham's Admir- VS.. Lynchburg
Trust and Savings Bank. Reversed
Opinion by Judge Rely
The sole question is whether certain
note is a val d debt
dence that there existed no other indebt-
cdness from Nottingham, except that
which arose out OF the Mount Athos
transaction. and the entire amount there
by incurred has been allowed. and was
evidenced by other notes than the one In
controversy. In one OF which II was in
cluded.
PURCHASE OF DELINQUENT LANDS
Brooke Clerk VS.. Turner Mandamus
dismissed. Opinion by Judge Rely.
Turner filed with Brooke, clerk. under
Acts 1856. p. 2l9. an application for
purchase OF land previously purchased
| by the Commonwealth for delinquent
taxes. The clerk refused copies OF t..e
application for service because Il was
not accompanied with the purchase money
| and the court below issued It's mandamus.
Held l. The Act was iniperfectly drawn
and its construction is not without diff
Guilty II nowhere prescrlbes expressly
| the time OF payment. but IL Is beyond
question that the purchase money most
be paid al some definite time. The oil.
ject OF toe statute and the settled policy
Of the Legislature In regard to the sale
Of delinquent lands must be considered.
Of delinquent lands must be considered.
Taxes are necessary for the maintenance
Of the government and II is OF the ut
and promptly paid. Prior Legislation on
the same subject required sales TO be for
cash. and still does. Code G3s. and this
has been the settled policy for over a
century at least. The act OF January
o. 1896. discloses no intention to depart
from This policy.
. The general words 81 an Act are
not to be 80 construed as to alter TIE
previous policy OF the law unless no
sense or meaning can be applied 10 those
words consistently with the intention %
preserving the existing policy. Equiyocal
words are not accepted as implying an
intent 10 depart from a settled Statutory
nolicy. Sutherland on Stat. Con. sec.
| 400. Minet VS. Leman. 20 Beavan 2C9'
A,tv Gent. VS. erriih. Fl Mich. 357: Block
wood va. Van Welt. 90 Id. u.s.
SPECIFIC PERFORMANCE.
Rochecharre VS.. Rochecharlio &c.
! Affirmed. Opinion by Judge Rely.
Held. A contract to be specifically en-
forced must not only be certain and de-
finite In all It's parts. equitable. and froe
| from fraud, misappreheasion or MISTAKE
but its terms or provisions must be
clearly and distinctly proved.
2. Minor 7s6: Darling VS.. Cumming, 90
Va 81. and many other cases. -.e evi
| dence In this case was not only unsatls-
factory and insufficient, but the agree
ment as claimed by complSi1ant was
one which defendant would Tot be likely
to make.
MANDAMlls.
Supervisors OF Nottoway County VS..
Powell and Town OF Crewe. Reversed.
Opinion by Judge buchanan.
1he SUPERVISORS fixed the county levy
and school tax. and directed the treasur-
err. Powell, 10 collect the same. He fail
ed 10 collect from the inhabitants OF
Crewe, alleging exemption tor them I'M
der the town charter. Supervisors there
upon applied for mandamus TO compel
him to collect and he and the town OF
Crewe were made par lies TO the petition
Motion TO quash. and demurrer 10 petit
ton over-rued. and peremptory mandam-
US TO collect the school taxes. but not the
county levies by reason of exemption
from same under the town charter.
Held. l. Inc writ OF mandamus only
issues when there is a clear and specific
legal right to be enforced. or a duty which
ought to be and can be performed. and
where there is no other specific and ade-
quate legal remedy by action or other
wise. High on Extra. Rem. sec. 9, Is;
Milliners Admir-. VS.. Harrison, % Graft.
AZ.
2. The powers and duties OF the Board
OF Supervisors are liked by statute. and II
has no other than those conferred ex-
pressly or by necessary implication
Roper VS. McWharton. II Va IA Hay.
ing fixed the amount of the county taxes