Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1901-02-13

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this litigation. The commissioner
was removed and a disinterested CON-
missioner appointed, aud nothing
that occurred in the commissioner
Office can have prejudiced the parties.
Judge Turner did at Que time have a
trihlng interest IN the company, but
before he acted judicially the stock
be held had beeu redeemed, aud his
Interest IL the company disappeared.
Petitions TO rehear iuterlUcutOry
dec.ees were filed 10y Reed y McCor-
mick aud L. j. Shickeli, in which
the following errors were assigned:
u. II was error for the court 10
have directed a sale of d large part
Of the real estate of said Berryvllle
Land aud Improvement Company, as
was done 10y the SAID decree of the
May term, 1898, without having first
ascertaluvd the lIvus against said real
estate auu Determined tnelr prIorltles.
y. II was hkeWI error for the
same reason 10 nave continued the
sale made OF said Teal estate, as was
done oy the said decree of August -,
1895.
B. 1t was error 10 have confirmed
SAID report ot Commissioner Ward as
to the deOt reported IN favor OF said
y. Moore, Jr.
ga Without having first rejected
SAID salary Item Of 9I,o96.05, ,uclud-
cd IA said debts, as aforesaid,
"(O) Without having deducted
from said reported deOt 10 \. Moore,
Jr., after REJECTING the SAID item Of
9I,o90.o5, the SAID sum OF $1,000
salary uulawtuily allowed aud paid
10 nlu as aforesaid; aud,
"(c) Without having further de-
Quoted from said reported debt TO A.
Moore, Jr., the amount of money an.
lawfully borrowed from ham by the
directors OF the company, as afore
SAID, OF whom he WAS one, aud by
sid directors uulawfully expended
IN the prosecution OF said company :
calling enterprise, contrary ~ the Ill
rectOu OF the stock holders of said
company gwen IA regular meeting MS
aforesaid.
~. 1t was error to have confirmed
SAID report OF Commissioner Ward as
70 the dsOt therein reported IN favor
OF Thompson Y Ogden, without nav
lag hrst deducted thcrefrOm the
amount Of money unlawfully allowed
and paid to salu Ogden as d member
Of the Board OF Directors AS afore-
said"
The cause having been removed to
the Circuit Court OF Prince William
county, u decree was entered denying
the prayer OF the petition to rehear
except as 10 the SUN OF SI,S96.S5,
which was allowed 10 y. Moore, Jr.,
As president and general manager by
resolution of the stock bolders dated
October -, 1891, and from that de.
cree Shlckell aud Reed x Mcconnell
have appealed.
The errors assigned here are those
which have been already stated d:
constituting the ground for their pc.
uuOn to rehear IN the Circuit Court
The principles upon which cour
of equity proceeds upon bill lilec
for the sale of debtors land is no
where more clearly and concisel,
stated than in the opinion of Judg,
. Burks IN the case OF Shultz Y. Hans
brough, So Graft, at page 57y:
"If trustee I'm pals, with powe
to make sale of real estate for tn
payment of debts, attempts to max
such sale while there is IA cloud rest
ing on the title to the property, o
there Is any doubt or uncertainty a
TO the debts secured or the amount
thereof, or a dispute or confic
among the crSditors as to their re
spectlve claims, court of equity OF
bill filed by the debtor, secure,
creditor, subsequent membranes
Concluded on Atm Page.