The times. [volume] (Richmond, Va.) 1890-1903, 1900-01-26
-Four 0PIllI
HAlDE DOWN
Decisions Of tie Supreme Court q
Appeals.
POSTPONE THE { CASES s; MADE \ A {
Jud cment OF the Lower Court in the
Case Of Kirsch baum g CO. vs. s
Blair is Affrmed-Taxes and
Liens on Real Estate.

5iZAss ktlh1Tss SeACS ~AsNA
Liens on Real Estate.
In the Supreme Court OF Appeals Of Viz
ginia. yesterday, opinions In four cases
were handed down.
Kirschbaum & CO., VS.. Blair ct ais
prom the Law and Equity Court of Rich
mond. Petition for writ OF error to the
Judgment Of the lower court.
Kirscl1bau UNI & Co. are wholesale cloth
iers Of Philadelphia and they sue on the I
writ Of error Blair and Others as securi-
ties for Weisiger & Brothers, Agents, to
whom they claim certain money was adj
varced on sales on commission. and from
who a balance was alleged to be due be-
came the commissioners did not cover
the amount advanced. The court held
that the plaintiffs in error advanced the
money outside the contract and the sure
ties were not liable. Judgment of the
lower court IS affirmed Opinion by Judge
cardwell, Judge Rely dtssenting1.
FLORENCE, VS.. AlOIIE.N.
Florence. trustee, etc. VS.. Morten ct
ais, Circuit Court OF Henrico. The first
assignment OF errors is that the Circuit
Court erred in holding that the real es-
tate sought to be partitioned was liable
in the hands Of the heirs of decedent. and
those who held under them, for the State
and county taxes remaining unpaid with
which it had been assessed during the
life time Of the widow, to whom it had
been assigned as a dover. 1t does not
appear that the taxes in controversy.
amount to $500 and the courts is without
Jurisdiction: so far as. he decree COM
planned Of is in favor OF the Common
wealth and the county of fHenr1co, unless
the title is drawn into question and 1t
does not appear that the Auditor had be-
come the purchaser of the land upon the
failure of the life tenant to pay the taxes
and that the Commemorative title thus
acquired Is drawn into question.
The second assignment of error, IS the
action Of the court in holding that the
deed Of trust executed by Richard X.
Morien, to secure the Richmond Perpetual
Building, Loan and Trust Company, had
a priority over the deed of trust exc
cuted by him to R. R.. Florence. trustee,
to secure certain other. creditors. The
ground OF this contention is that the
description of the land In the first-named
deed Of trust is not sufficient to charge
subsequent purchasers with notice under.
the registery laws In the opinion of
the court. the notice was sufficient and the
decree affirmed. Opinion by Judge John
A. Buchanan.
TABB, VS.. COMMONWEALTH.
Tabb ct ais. VS.. Commonwealth ct ais,
Circuit Court of Henrica. The question
for decision in this case is taxes and
levies which accrued during the estate Of
the tenant for life. The Code provides
that there shall be q lien on all real es-
tate for the taxes and levtes assessed
thereon, and if the taxes, levies, interest
costs and charges are not paid then the
treasurer is required to sell at auction
and satisfy the charges, but the Code
shall be construed so as not to affect the
title of a tenant in revision or remain
der to any real estate which has been re-
turned delinquent and sold on account OF
the default of the tenant for life in pay
ing the taxes or levies assessed there
on.
In the opinion of the court the lien for
taxes and levies assessed on real estate
whether they are assessed for the Com
monwealth or counties or for the city
of Richmond, IS only upon the estate OF
the person assessed with the taxes and
liens, and the decree appealed from must
be reversed Opinion by Judge John W.
Rely, Judge Cardwel1 dissenting).
HENDERSON, VS.. COMMONWEALTH.
Henderson VS. Commonwealth. From
the Circuit Court of Rockbridge county.
The plea of error was refused and the
findings of the lower court sustained.
The man Henderson was charged with
burglary in entering q store. He con-
tended that another person entered the
store and afterward gave him a portion
of the money stolen Opinion by Judge
| Harrison).
A SUMMARY.
Tabb ct ais VS.. Commonwealth ct ais.
Circuit Court of Henrico county. Re-
versed Judge John w. Rely.
kirschbaum & Co. VS. Blair, etc. Law
| and Equity Court, city of Richmond Af-
| firmed. Judge r. H. Cardwell.
| Florence, trustee, VS.. Morien and ais.
! Circuit Court for the county Of Henrico.
| Affirmed. Judge John A. Buchanan.
Henderson VS.. Commonwealth. Cir
| cult Court of Rockingham county. Al
| frn1ed Jurge Geo. NJ. Harrison.
Richmond Railway and Electric Co. VS..
| city of Richmond. Hastings Court city
oof Richmond. Writ Of error and super.
sedeas. Bond. $3.50.
Wadley VS.. Commonwealth. Circuit
Court Of Wythe county. Writ of error
awarded.
| Adkins vs. city Of Richmond. Furth-
| err argued by S. S. P. Patteson and sub
! mitted.
Peyton's admir-. VS.. Parkinson. etc.
| Argued by S. A. Anderson for appellant.
| ana Judge w. II. Mann for appellees
| and continued.
The nextca ses to be argued are Dun
can VS.. city of Lynchburg; and Rich
! mond Traction Co. VS.. Murphy, Nos. 81
| and IS on the argument docket
!