The times. [volume] (Richmond, Va.) 1890-1903, 1900-11-25

hibt Thilow's Orchestra viii render
sweet music throughout the evening.
feet of it was to deprive the husband.
during lifetime OF any interest in the
n~onerty thus settled, and nothing more
There is nothing whatever in the will
whereby the children took IS purchasers
the beouest. and hence it is impossible
that they took by descent. under The sta
tute. to the exclusion Of their father;
therefore, the wife having died 1ntestate.
the husband is entitled, under second sub
division of section 1851, chapter 113 OF the
Code of 1887 a. her sole distributor to the
legacy embraced in the settlement.
Opinion of Circuit Court reversed and
case rcmanded.
RIGHTS OF CREDITORS.
Runkle VS. Runkle From Circuit Court
of Augusta. Affirmed. Opinion by Judge
Harrison.
David Runltle and wife conveyed to
trustee certain property to secure three
classes OF creditors. The administrator OF
Jack Runkle, one of the creditors, filed
his BILL alleging fraud in the conveyance.
lack of consideration &c. The Court OF
Appeals held that the attitude OF pur-
chaser assumed by a creditor whose debt
is secured by deed of trust, does not i'm
*
as fraudulent, or otherwise, void any 9TH
er debt secured by the same deed. This
is not claiming against the deed, but
merely purging the deed of its vice.
COMPETENCY OF GRA.NIOK.
Beverages Committee VS.. Ralston ct
at From Circuit Court of Highland
county Affirmed. Opinion by Judge
Buchanan.
This suit was brought by the committee
of S. c. Beverage to set aside an agree
ment and two deeds executed by said
Beverage, upon the grounds that they
were made while insane and were pro-
cured by fraud, &c.
Beverage was committed 10 the Western
State Hospital on August Goth, 1892, hav-
ing been adjudged a lunatic. He was dis
charged on September 9th cured up
on the certificate of the physician. On
April 2Gtll, 1856, he was sent back.
The agreements and deeds sought to
be set aside were executed in March,
1885
The Court refused to set aside the con-
veyances stating that the evidence was
sufficient TO show that at the time he
made he agreement and executed the
deeds he was fully competent to act
therein.
The decree of the lower court dismissing
the appellants bill is affirmed.
CONFUSION OF ACCOUNTS.
Kavanaugh's administrator VS.. kavan-
augh. From Circuit Court of Rocking
ham county. Affirmed. Opinion by Judge
Keith.
This was a case in which James and
Joseph kavanaugh, brothers, had been in
business, and had so many complicated
accounts between each other that upon
suit against the estate of one the COM
missioner of accounts and the court were
unable TO determine the true condition of
accounts between the estates of the two
brothers. by reason of the lapse of time,
death of parties. loss Of evidence, loose
business methods and The obscurty and
uncertainty thence ensuing, and the court
was of the opinion that the status of the
demands now set up by Joseph .Kavan-
augh's administrator against JAMES Ka.-
anangh, and the fact that the same were
never asserted by James Kavanaush in
his lifetime or before-tae-decree- in these
causes at the oetebas tiTf1a y1tSas; .pGeeluded
srcf claims. 20: e
The Supreme Court said: when from
delay it is manifest that no correct account
can be rendered, that any conclusion to
which the court has arrived must be at
best conjectural. and that the original
transactions have become SO obscured by
time and the loss of evidence and the death
Of parties as to render it difficult to do
JuStiCe. tlt court VIII IlOI relieve Tue
plaintiff"
Decree of Circuit Court affirmed
EFFECT OF BYLAWS.
Eastern Building and Loan Association
Us. II. w. Snyder. From Circuit Court of
Allegheny county. Reversed. Opinion by
Judge Buchanan
TINS was an attachment in equity,
brought by the appellee, 4 Withdrawing
member Of the aforesaid association a
il this State TO the payment OF amounts
due him on account of monthly payments
made on thirty shares Of stock, held by
him in the association.
The Supreme Court sustained the conten-
Ton OF the association, that the appellee
had no cause Of action against il, because
by the terms OF the contract between the
appellee and the associa ton and the pro-
visions OF its rules and regulations, the
association IS not required 20 pay out to
Withdrawing or matured stock more than
one-haif OF the amount received by il from
dues and stock payment in any month,
and that such withdrawals are to be paid
IN the order in which applications there
Tor are hled. The court said: I'VE are
OIL opinion that the amended bylaw, inso-
far as II Is involved in this case, was
binding upon the appellee. and that the
charges made by it in the manner of pay
As Wi,uura"ing members the amounts
cue them was not in violation of TIER
contract rights, and further, as there was
no fund IN the treasury of the association
which the appellee had the right TO have
PAID on his claim when suit was institut-
ed, ne had no cause of action at that
time
Circuit Court was reversed and bill dis
missed without prejudice 10 the apoellees
rights.
DEMURRER TO EVIDENCE.
Chesapeake and Ohio Railway Company
vs.. James SpaTrow's Administrator. From
circuit Court of Nelson county. Reversed.
Opinion by Judge Cardwell
Ih!s action was brought for the re-
coVerY OF dana ges by reason of the death
of the intestate which, it is alleged was