The times. [volume] (Richmond, Va.) 1890-1903, 1900-07-08
OPINIONS OF THE
SUPREME COURT
Handed Down Last Week at Session
in Wytheville.
NEGROES IN WHITE SCHOOLS.
Opinion OF the Circuit Court Of King
and Queen Issuing Mandamus
Requiring Superintendauti
Take Child is Reversed,

The following were some Of the opinions
handed down by tie Supreme Court of APP
peals OF, Virginia at Wytheville Thurs
day:
Smith VS.. Powell, trustee. Hastings Court
OF Roanoke. Opinion by Judge Keith. Ike
versed.
The claim was made by the appelleeS
THAI r. f.. Scott attorney for the appellant,
accepted a certain negotiable note in sat
action of q decree obtained by the ap-
peIlant against them. This was denied by
appellant, and testimony was taken to
show that the same was received by the
attorney under mfsap prehension that his
client had Instructed him to accept II.
The opinion holds that the authority OF
en attorney simply III that capacity does
not go to the extent OF authorizing him TO
accept anything else than money in sat
isfaction of a clients demands, and since
there is no evidence tending to show that
the client ratified or confirmed the action
of the attorney, it is not binding upon
him. Nor is he eStopped by this action.
because it worked no prejudice to the rights
Of appellant, or any other party, and 1t rs
essential to the doctrine of estoppel that
the act relied on as such should have
been injurious and to the prejudice OF
him who relies on it as an estoppel.
The opinion further holds that where has
been taken by default petition for an
appeal from it cannot be entertained until
a. motion has been made for relief under
Section 3451 Of the Code, and that where
no motion has been made and the time
within which it could have been made has
elapsed, a decres by default is final and ir-
reversible.
Carpe. vs.. Marshall. Appeal from the.
Circuit Cour, OF Craig county. Opinion
by judge Keith. Reversed.
The opinion holds that where land has
been sold and a vendors len retained, the
vendor agreeing to pay off and discharge
certain judgments against himself which
are liens on the property, when 1t after
wards becomes necessary to subject the
land to satisfy the vendors lien which is
largely in excess of the Judgment, the
Interests of the vendee are fully protected
if a provision is inserted in the decree for
sale that the proceeds shall first be applied
to the payment of the judgment lien.
II further holds that. while the usual
effect of a transaction whereby a bond is
surrendered by the vendee to the holder Of
the vendors lien, is to extnsulSh the debt
aid the lien securing it under the agree
rnenr testified to by the parties IN this case,
this was not the intention.
Further that where a bond is transferred
as collateral security it is put under the
dominion of the creditor to make his
claim out of It and his duties in respect to
il are active. He is to employ reasonable
diligence in collecting the money on the
security and applying it to the principal
debt He alone is empowered to receive
The money paid upon it and to control it.
il. order to protect his rights under the
assignment Where the collateral Is lost
by the insolvency of the debtor owing to
the failure of the holder to use due dill
sence, it is incumbent on the latter clear
ly to show that the security was worth
less and that no loss or damage has re-