Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-12-08
THE FINAL VERDICT.
DECISIONS OF THE SUPREME
COURT IN SIX CASES.
SEVERAL IMPORTANT LAW POINTS.
The Subject of the Statute of Iimi-
tntfOns With Reference to judy
ments-A Breach Case
Case of Alleged Fraud.

The Supreme Court handed down opn-
ions In six cases yesterday. The docket
of the court is being rapidly cleared. and
It is expected that adjournment will be
taken in few days.
Judge Buchanan wrote the opinion in
the case Of tho Tunis Lumber Company
VS.. the r. G.. Dennis Lumber Company
from the NansemOnd circuit 1t seems
that In the latter part of 1894 the
plaintiff in error and one Henry Servoss
entered into an agreement by which the
former leased TO the latter a saw-mill
plant and other property used Herewith.
On the LIST of December following Servoss
assigned one-half of his interest in the
lease to r. f. Briggs. and they formed
a copartnership under the frm-name and
style OF the Chowan Lumber Company.
This firm operated the leased property
until some time in the year 1895. when
they failed in business. and their assets
were taken possession OF and sold under
the DEGREES OF the Superior Court of
Hartford county, n c. At that sale,
which was made in January and confirm
ed In April 1897, the defendants. the r.
G. Dennis Lumber Company, became the
purchaser OF the rights of the Chowan
Lumber Company in the lease and their
property on the leased premises. subject
TO lien for materials furnished to that
company. In July following the defend
ants removed. among other things. the
piping and machinery IN three dry kilns
built upon the leased premises by the
Chowan Lumber Company. The plaintiff
in error denied the right Of the defend
ants to make such removal and brought
this action TO recover damages therefor
Upon the trial OF the cause there was
81 verdict and judgment in favor of the
defendants. and 10 that judgment this
writ of error was awarded.
Inc crucial question was whether, In
the absence of any agreement upon the
subject. the dry-kilns. as trade fixtures
could be removed under the terms of the
lease. The opinion, IN constituting the
terms Of the lease. says there Is no doubt
that IL was intended that the dry-kilns
were intended 10 take the place OF those
burned, and therefore could not be re-
moved by the tenant The judgment OF
the Circuit Court is therefore reversed
and the case remanded thither for further
proceedings.
As to Original Entries.
The opinion in the case of Harrisons
Administrators VS.. Garrett ct ais. from
the Circuit Court of Madison county, sus-
tains the decision of the lower court.
On the Sth Of February 1897, +. NJ. Nc
Mullan, administrator OF r. y. Harrison,
and ID. Nj Pattie trustee for V. +. Bed-
soc. filed their bin against Martha G.
Garrett. seeking TO subject certain real
estate TO the satisfaction Of two Judg-
ments Obtained against her in April, ISL
one in favor of 4. n. Harrison for
Si73S.12 and the other in favor OF V. T..
Bledsoe for $oo..5O.
What, II anything. is due on either of
these judgments. or whether they have
been overpaid. as cOntended by the APP
pellee, Is the subject Of controversy IN
this cause. The whole matter. upon the
evidence adduced by both sides, was sub
mitted to the Judge of the Circuit Court
In vacation. and on the 18th OF November
1897, a decree was rendered ascortaining
and determining that the judgment In
favor of r. n. Harrison had been over
paid by $685.. as of September ., lSG
and that there was still due on the judg-
ment in favor Of V. Il. BledsOe the sum
OF 1924. as Of January is. 1855. From
this decree the administrator OF 4. n.
Harrison has appealed.
III appears that executions were issued
on these judgments In 1881. which went
into the hands OF c. &. Wager. "A Deputy
Sheriff OF Madison county. together with
other executions, and were levied on cer-
tain property OF the debtor. Before the
day fixed for the sale however, the
debtor, TO further secure these execu-
tions. conveyed to @. G. Wager. as trustee.
her growing crops Of corn and wheat.
The wheat crop was sold and the pro-
ceesss. amounting TO Sl2. realized and
applied by G. c. wager in September. 1881.
The corn crop and the property levied on
were advertised and sold on the 10th of
November. 1881. Large payments were
made upon these judgments derived from
other sources, which are not disputed
The only controyerted question of fact
% the case is as to the true amount OF