Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-06-29
Judge GrimsIey's Decision in the
Land &. bLers' CnSes

The Culpeper delinquent land cases
some siXtyodd In number, were heard a
few days ago upon demurrers to the
plaintiffs bills, and resulted in a de-
cision for the plaintiffs on the demur-
rers.
The merits of the controversy, so far as
We are able to gather them, are as fol.
lows:
Messrs. Baker and Swami had filed ap-
plications to become purchasers of hume.
Ious tracts of land in the county of Gull
pepper. After their applications were filed
and a number Of them served on the
landowners the landowners, through
John l.. Jeffries. their attorney, filed their
DIS for injunctions in which they al
legged the erroneous assessment of the
lands, the improper and illegal return
of the delinquent lists, improper and
illegal advertisements of the same and
of the sales to the Com monwealth, and
irregularities in making said sales Of the
lands TO the Commonwealth. and gene
rally Noncompliance with the statutes
regulating the assessment and sale of
delinquent lands.
They rendered in their bills the payment
of all taxes to the Commonwealth pro-
perry chargcdble on said lands. They
further alleged that they were in possess
sion of their lands and that the defen-
dants intend to. and are proceeding to,
secure deeds thereto from the Clerk. and
that the Clerk OF the Court designs 20
execute such deeds as they may demand
They allege that many Of the irregulari-
ties complained of are such as would be
absolutely cured by the deeds; others
would not be- but in the latter case the
deeds, when executed, and even the an
piications themselves. cast clouds upon
the title to their lands and now seriously
impair their value in their hands. They
pray an Injunction restraining the appli-
cants from further proceeding to obtain
the deeds and the Clerk from executing
them, and ask that the Clerk be COM
PEELED to receive the taxes rendered, and
that their lands may be absolved from
all proceedings under said Applicant tons.
1t is further stated in some of the bills
that the applications 10 purchase are not
IN proper form. and are detective on their
face The defendants filed pleas I'm abate-
ment in all of these suits upon the ground
that the Clerk Of the Court was not a
necessary party, but was only made so.
for the purpose of giving TO the Circuit
Court Of CulPeper jurisdiction OF this
proceeding, the other defens Gnts not re-
siding in the county of CulAeper
The demurrer 10 the plaintiffs bills
rested principally upon the following
grounds:
/. TEat equity had no Jurisdiction be-
cause the plaintiff had an adequate lem
edy at law, by way Of mandamus. COM
pellirg the Clerk TO receive the taxes as
tendeSed
.. Because of mlsioinder Of parties
defendant. in this that the Clerk of the
County Court was not a proper o: neces.
sary party 10 said proceedings.
3. Because OF the want of pi 0per par
ties defendant in this that the state was
Interested In these proceedinsa aud being
so interested. the Auditor of Public Ac-
counts should have been made a party
II sejG bills
!. Rccause II the application WIS de-
fecthe and void on ia face. as alleged
in some or said bills tho proceedings
already had, or threatened 10 be had.
undes said applications would be nu:!
ana void and would constitute no tlGud
on plaintiffs title.
.. Because IT, AZ alleged N som, OF the
bills, the assessment, delinquent ret1rrs.
and sales Of the plaintifs' ,ands. were f.
regular, illogrl. and void. deeds Sisde un
Der applications founded upon said pro-
ceedihrs world slyc bc void and consti-
tute no cloud upon plaintiffs titles.
.. Ptcause the bills were multifarious.
Ths Court oycrruled the demurrcrs OF
the defendants, holding that while the
plaintiffs might have their remedy