Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-03
LANDGRABB Err s. CLAIM
Given an Airing Yesterday Before
Judge Hanckel.
sIr. w. +. swann's Application for n
mandannu Argued Fro ana Con
Properly Transfers Admitted 40
Record.

The ''land-grabbers'' case was argued
before Judge OF the Corporation Court
a. r. Henckel yesterday. No decision
has been rendered as yet.
Mr.. w. e. Swami, of Powhatan coun-
ty, through Attorney Justis, of Rich
mond, asked for mandamus compell-
Ing Clerk L. Register, of the Corpora
ton Court, to accept from him the sum
of 1884, delinquent taxes in payment
for house and lot on Falkland street.
for which he had filed q claim. The
case was heard In chambers. Messrs.
r. II. Beker and son, and Judge w.
II. Burroughs appeared for the pres
ent owner of the property, Mrs. Bar
raud, Judge T. H. Wilcox for Clerk
Register and Mr.. William Justis for the
petitioner. ~ general demurrer was en-
tered for the defense.
Counsel for the defense argued that
the process issued at the time of the
filing of Mr.. Swanns original applica-
ton for the property, March 30th, no,
having been servedsuntil. July 2Sth, was
null and void, since more than sixty
days passed in the interim
Mr.. Justis, for the petitioner, claim
ed that the law requiring the process
to be served within sixty days after
Its Issuance is simply directory, and is
to protect the "Iand-grabber" only.
In answer to this contention counsel
for the defense claimed that the appli-
cant should pay the back taxes at the
time he files his application with the
clerk of the court. Otherwise, it was
commended. that the application should
be held 10 be void
Mr.. Justis demurred and said he
did not see wherein his clients rights
would lrave been made safer @by his
derositing the taxes Mt the time the ap-
plication was filed.
Counsel for the defense showed that
on May 4th, only n few days after Mr..
Swami filed his application, Mrs. Bar
raud paid $4,000 for the property, and
that she did not know there were back
taxes on it until November 10Th, the
day her attorneys paid them.
Notice of Mr.. Swann's application
was served on Mrs. Alice F. Scott, the
former owner OF the property. It was
argued that 1t would be great injus-
tice to give Mr.. Swami a. deed to the
property for only 1914, while 1t cost
the owner $4,000 only a few months
ago.
MIR. Justis said that it might be q
hardship, but that the property had
been sold to the State for two years
before the Swami application was filed,
and that Mrs. Barraud had every OPP
pcrtunity to- learn the facts In the case,
as did Mr.. Swami, by examining the
delinquent tax list. Mr.. Justis said that
the State became the absolute owner
Of the property two years ago, and
that Mrs. Barraud in purchasing 1t, Sc
cured the privilege only and not the
right to redeem it.
Counsel for the defense raised the
point that the time allowed the de-
PENDANT to redeem the property had not
expired when Mrs. Barraud's counsel
paid the taxes Wednesday last A sta
tute was cited. which the defense
claimed gave the right to Mrs. Baraud
to pay the taxes at any time after the
expiration of the four months until the
applicants paid the same.
MIR Justis, In reply. said that sue
ceeding statute modified the statute
quoted by counsel. TIe claimed that af-
ter the expiration of four months from
the serving of the process the applicant
has five days in which to pay his
money.
Mr. Swami, 1t is understood will file
application for about IL dozen Other
pieces of property, If the decision is ir
his favor.
ADMITTED TO RECORD.
The following property transfers were