Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-12-22
sTuAnT-pEYroy CASE DECIDED.
Special Court Of Appeals Reverses
Lower misunderstanding Trial.


The special Court OF Appeals before
which the case OF II. +. Stuart, Executor,
&c. VS.. s. 0. Peyton. Assignee, &C., was
heard about ten days ago. rendered its
decision yesterday. reversing the decision
Of the Circuit Court Of Wythe county.
Judge Beverly r. Wexford. Jr., Of the
City Circuit Court, wrote the opinion,
which is quite a long and able one. The
other judges sitting in the case were
President Keith and Judge Cardwell. Of
the Supreme Court, and Circuit Judges
White and Blair. With this decision the
Supreme Court adjourned for the term.
The case of Stuart vs.. Peyton is a
complicated one and IL has been in the
courts several years II has been once
before passed upon by the Supreme Court
Of Virginia and also went up TO the
United States Supreme Court. Judges
Reilly. Harrison, and Buchanan were also
disqualified 20 sit In the case, because
Of having been counsel I'm It before their
election TO the Supreme Court bench The
litigation grew out OF matters connected
with the White Sulphur Springs pro-
perty. The amount involved with in
terest. is a fraction less than $500.
The opinion discusses the questions OF
law involved at great length. The order
entered was as follows:
Upon an appeal from a decree Of the
Circuit Court Of Wythe county, rendered
on the 9th day OF September. 1891.
This day came again the parties by
counsel, and the court having maturely
considered the transcript Of the record
OF the decree aforesaid and arguments or
counsel. Is of opinion, for reasons stated
i'm writing and filed with the record, that
the decree of the Circuit Court Of Wythe
county Of September a. 1891 IS erroneous
Am holding that the Judgment and DEGREES
led by the appellee are valid and sub
slsting claims against the estate Of w.
Stuart. and are liens upon the real
estate Of said Stuart, and that the mat
ters set up by said il. Q. Stuart executor,
against said judgments DO not constitute
a defence or setOm against them
"The court is also Of opinion that the
said judgment and DEGREES c0nclusively
establish an indebtedness Of the said w.
A. Stuart 10 George j.. Peyton
"But IL appearing 10 the court that the
decree of the Circuit Court Of the United
States for West Virginia, entered In the
consolidated causes OF Stuart and others
VS. Gracubrier White SULPHUR Springs
Company and others; Knabe & Co. VS..
same. and the Grccnbrier White Sulphur
Springs Company VIZ. Stuart. on Fcbru-
airy IL. 1sS8 established o very large In
debtcdness Of George L. PcytOn TO the
W mite sulphur Springs Company WlliNh
has been seQuestrated by that court for
the benefit Of the creditors Of the COM
panv. and the record Of that court show
ing that W. A. Stuart. as one Of the Gre
ditors has a beneficial interest In the
debt due by said peyton 20 said company
exceeding in amount the judgment and
DEGREES filed by the appellee, and the evil
dence showing that George T. PeytOn rs
wholly insolvent, and failing 10 show
that u. o. Peyton is a bona fide assigned
for value without notice. the court is OF
opinion that W. A. Stuarts beneficial
interest I'm the aforesaid debt Of George
H. Peyt0n 10 the White Sulphur Springs
Company IS a complete. equitable de-
fence TO the claim of the appellee I'm this
cause.
1T Is therefore adiudged. ordered. and
decrccd that tho said decree Of the Cir
cult Court OF Wythe county Of September
q. 1897. be- reversed and annulled, anf
that this cause be remanded 20 the said
Circuit Court. with instructions. for rea-
sons above stated TO disallOW and re1ec
the claim Of j.. O. Peyton. assignee. and
| 10 award 10 H. G. Stuart. executor. hi!
costs. by him expended An his defence
against said claim. and 10 distribute any
| funds reserved by the court for ITS pay
ment among the creditors Of W. A. Stu
art. whose claims have been proved anl
established in the cause.
"And 10 as further adiudged and ordered
| that the appellant recover Of the ap
pallee his cost in the prosecution Of thii
4 appeal. which IS ordered 10 be certified
TO the said Circuit Court of the county
| of Wythe.'