Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-02-16
THE COURT OF APPEALS
Several CnaeH of General Interest DC.
clded Yesterday "A Young Wan
Plead. Guilty or Stealing Coal, 1.
Convicted nnd Thon Paraoned by
iho Governor-At Mymon'a Altar.
Especial to virglnian-Pilot.)

below. will prove of general interest:
Coyington VS.. GriHin's Administrator.
Circuit Court of Culpeper county. Zach
nry Griffin died in 1862 leaving n will,
which was admitted to probate that
year, and Mr.. James NJ. Griffin, n son.
qualified as executor. ana in 1854 at
tempted an OK parte settlement of his
accounts before commissioner and a
proof of debts against the estate being
called for by Thomas l. Griffin, an
other son, claimed his father indebted
TO him by bond in the sum of So 600
The eX parte settlement was not made.
and in 1876 j. NJ. Griffin filed a bill in
MS own right rs executor, praying for
q settlement of the estate A reference
was made to n commissioner, and in
lS6O report was filed. showing n bal
ance due by the executor of 81, 266 81.
and two debts against the estate. one in
favor of Amy Hall. principal and inter-
est. S44ISl, and another due by BOND
to L. L.. Griffin. principal and interest
at date. being $3,447.4S.
Inc latter died in 1857; and James NJ
Griffin qualified as one of the admins
TRAITORS, becoming the administrator of
the creditor and executor of the debtor.
The estate of the latter, however. con-
sisted mostly of slaves. and the balance
IN money, the proceeds OF their hire
ed TO, but was never passed upon and
the report was unconfirmcd No fur
ther action was taken until 1897, when
supplemental bill and bill of revoir''
was filed. In the bill there is no cir
cunstonce alleged which explains, ac-
counts for, or eNtcnuates the failure to
prosecute the original suit, and the only
assets Is a small tract of land in the
possession'of Thomas II. Covington who
noIds II under the will of James NJ
Grii1in. Covington answered the bill.
denying the existence OF the debt. as
sert1nE that the proof of its existence
Is insufficient, and alleging that it wos
paid off "''
The court is OF the opinion that Zach
airy Griffin executed the bond i'm con-
troversy In his lifetime, and that the
uecree entered In the original suit stop
ped the meaning of the statute of linn
1tations rs to all the debts due by Zach
nTy Griffin. The debts must have per-
!shed long ago with the statute of lin
1tations. The decree of lower court is
reversed and supplemental bill dis
missed opinion by Judge Keith.
Judge Cardwell dissenting.
NALLE VS.. PARRISH.
Nnllc VS.. Parrish ct ais Circuit
Court of Culpeper county. Andrew
Keyser purchased in 1873 certain real
estate FOR S2,220. ut a sale made under
Bickers VS.. Parrish and made cash
payment of one third and bound him
sell To convey the right ana title OF
the same to his daughter Sallie r. Nal
le, Wien the land was paid for. upon
cond!llon mat she pay the three bonds
given by him for deferred payment.
James +. Thomas ana Lucy T.. Thomas.
MS wife, were put in possession, and
when the last bond fell due. Joseph
maize, having paid the first two bonds.
agreed to convey the property to Mrs.
Ihomas his sister, If she would pay the
IHSt bOhu. III order 10 do this, she sold
James NJ. Shadrach a part of It, Nalle
and wife brought suit in 1896 to obtain
conveyance Of the land, and contested
the right of Shadrach's widow and heirs
TO conveyance of the land bought by
him Decree of lower court reversed.
Opinion by Judge RELY.
EAVES VS.. VIAL.
Eaves VS.. Vial, Chancery Court of
N1chmond. Appellee alleges that his
father j.. p. Vial, died in 1883. leaving
certain real estate, which he directed
should be held by his widow until his
youngest child became of age. and then
u should be equally divided among his
five children, but in 1883, at the in
stance or one of the children, Mrs.
Sheppard, her interest was assigned
ana conveyed; in 1855 the widow of the
testator died, and in 1897 the residue of
!he estate was partitioned In suit
Drought Tor the purpose. and the share
or the appellee was assigned TO his
sister the appellant, she having nc
CURED The legal title thereto by n decd
OF February 6, 1896 lie alleges that
0ne-half of this property belonged to
him. he having executed the deed TO
her voluntarily and OF condition 1t
should be rcconveyed to him on re-
ia
there was no such agreement. Decree
affirmed. Opinion by Judge Buch-
anan.
POINDENTER VS.. MAY.
Poindexter VS.. May, Circuit Court of
Louisa county. The bill alleges that
the appellee is the owner OF certain
lands enclosed by fences. and that The
appellant has trespassed on them. An
+ Injunction was granted by lower court
and the appellants demurrer over
ruled. Decree affirmed. Opinion by
Judge Harrison
Hrth VS.. FIir;h. Law and Equity
Court or Richmond. The plaintiff in
error Insists that the court erred I'm
4 everything her demurrer. The declarn-
tion shows that the promise sued on
was made by married woman The
ground of the demurrer is that the
Z declaration does not aver that the
3 plaintiff In error Owned a separate cs-
4 tate at Tho time the promise sued on
was-enteTed into. Judgment reversed
land demurrer should have been sus-
Il taincd. Opinion by Judge Harrison.
S3s FORCED TO STEAL.
a. j. Collear. n nice-loolling white
n. ynan, was In the Police Court this morn
Ing charged with stealing n bag OF coal,
~ tho property of the Chesapeake and
q Ohio road. He plead guilty. saying he