The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-07-04
SUP RENE COURT
Term J ENDS / |
Opinions Were Handed Down
Last Wcdnes-
day.
AN IMPORTANT CASE DEC lDED
Deed Of Trust and Rental Con-
tract Obtained BY
Fraud.
tspccIal 10 rhe rImcs. DI,na,cb,

Especial TO The Times. Dispatch)
WYTHEVlLLE, VA, July 3.--,rhc SUI
preme Court handed down the following
opinion last Wednesday, on which day
tho court adjourned until September:
Judge Keith handed downgthc opinion
y In Kane vs. Quillin ct al. from the Cir
cult Court Of Scott county, affirming the
decree Of the lower court
1t was charged by Mrs. QuIllin that Ii.
8. Kane obtained by fraud and nisrcpre-
sentation q deed OF trust and rental
contract from her on a lot In Gate CITY
to secure the payment Of two Judgments
obtained by Kane against William y.
Quillin, her husband, during his lifetime,
but which were barred BY the statute
OF limitations at the time Of the execution
OF the deed, and she prayed that the said
decd and rental contract might be de-
clurcd null and void.
Tho Circuit Court decreed in accordance
with her prayer, and Kane appealed TO
the Supreme Court.
Before the death OF Mrs. Quilin's hus-
band creditors suit was brought against
him, in which It was sought to subject
the house and lot In Gate City to the sat
isfaction of their Judgments, alleging
that the house and lot were purchased by
Quillin and caused to be conveyed to his
wife az her separate estate In fraud OF
the rights OF his creditors. Kane inter-
vened in this suit BY petition. but no ac-
ton was taken upon 1t and with Knne's
consent the suit was dropped from the
docket, he expecting to be paid from
another source.
a.. 49, I.
shows that Kane called upon Mrs. Quillin
taking with him copies OF certain judg-
ments which he had obtained against her
husband. with contract providing for
the rclxing OF her house and lot and a
deed OF trust upon 1t to secure his debts.
and accompanied by a justice OF the
peace; that by his representations and
the exhibition OF the copies of the judg-
ment and papers. their effect doubtless
strengthened by the presence OF the JUS
tice OF the peace. whether Intentionally
or not, he created upon her mind the i'm
preston that he had it In his power to
sell her property for the satisfaction of
his demands and that the only mode of
postponing this disaster was by signing
the rental agreement which placed the
rents OF the house and lot at his dis
position, and tho deed OF trust as ulti-
Judgments. The principal Judgment is said
10 have been at that time barred by the
statute OF limitations.
4 The court holds without deciding
whether the smallcd Judgment was barred
Mt the date OF the execution of the deed
Of trust that Kane obtained the deed
Of trust an drcntai contract from Mrs.
Quillin by the exercise OF undue In
fluencc, and that there was no error in
the decree OF the Circuit Court, which
Is affirmed
II Is stated. however, that tho
afiirmance is without prejudice to the
right OF Kane to subject the house and
lot in Gate City to the payment OF the
smaller Judgment. provided he is able to
aver and prove actual fraud on the part
of w. B. Qulllin and his wife. In the decd
conveying the house and lot 10 Mrs.
Dublin.
For Death Of "A Boy.
In Yirgin!n Iron, Coal and Coke Com
pany v. Tomllnson's administrator, the
Judgment OF the Circuit Court Of Wythe
county Is reversed. Judge Buchanan
handed down the opinion of the court.
There was a recovery OF 5000 In the
lower court against the Virginia Iron.
Coal and Coke Company for the death
of Vivian r. Tomlinson.s a boy eleven
and a half years of age. who was em-
ployed by that company in puddle
or ore washer.
This boys duties consisted OF picking
mud Du!ls from the ore as 1t passed
through a chute on the Tower floor of
the buddle and he was found crushed