The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-09-25

the ncre, and thst the evidence IS insult Y ll..
ilcient 70 establish the. precise facts .l M
fyndants II Is sS ,aapsSa hi r 4 BIZ court war9
disposed to siistuln that defense qtond
the assIgnees of te bo1s Tor lie 4. a q,
fetrea ihstulists IT pnr,,a - FL ;yy
Of the vendors upon the toysil'lil. 9 y ee11-
eral warranty Iii their deed. i, I. I. 3.
4 Tho Gaze Is Sieinnldn,l for further pro-
'e0u't cAsn o ss lIj.I5ai ID Gsttev
BY u decree % la Circuit, Cp!ltt. I, ct Ct
buckingham county 1T was 3.held that
under the Mary nd l'tws bgnl II KX ,,an
8 occurs togt!,e nliatle sla,ra l' 6
building and Consfric.ion C.o'nllanylra.y,.
Isnt of g loan of G n,adnto unai
ory, Jascertai,ietl ih4 oino'it Dig tho COM I
pany, as Of April 2, 1921, q be $l0G,4o mil
Ter died II June. 1900, ana n t \, "a Z
brought for MISUNDERSTANDING MS ,s ,es-
faan'ns 'iSsaGftfht sun y %ss
due it as OF August q, 1879. l,,.,rn,stho
ap fdis for md e sGG ii appsa
Judge Buchanan l1n1lng down3&.hC!
epnIon Of e Court Of ,, Mrreahl s9ggs s
f fSs Wa qf Marg", il vadty
interpretation aud effect; bus is OF upin-
ion that$tho commissioner WHO made tho
hm a epoIrt errea II i eons "
by the commissioner q cont rnct WAS
held to- be stlsirions wilton reaulred .le
borr t e 70 premium ,lar or Fl, IN,
terest on tho Aloaa. rms rohtrast here
under consideration It = sild only , e.
sqtLres six per cont. interest on the
money borrowed daring the contintt-
ance Of the lonn aud the taxes and in
Slirnnco ,Dre INNS tho llrODcrtys cOi.f
yeyed to secure Its rspayinent.# ln nddi-
ton to what MILLER undertook to tlMy
when he bceame memh er oszhG com.
TO mature hisa:7to?k, although he never 'e
contract hegcourt conSt:nes not Q 20
usurlous I Under the Maryland .la%
tho lower court is reversed, y the end
Of the opinion Judge Elicharnn states
in detail tho method considered w sSho
.talnlng the balance due Til. loan cons
WILSON VS.. MILLER.
S1nN Wilson vs.. Miller md Wife. the de-
county, appealed from. are affirmed. !,
This suit was brought by Miller md
wife, who removed from Rockbridge
county to Oregon In 1SSl, against Wilson,
asking for saor,discoyory and proper set.
at!lo;n, IN order that he might sell anu
convey all their real estat =, IN that coun;
fty. collect rents, etc They charged
that he had not rendered q correct nc
count ana had failed to make proper re-
turns or the collections made him. by
tic CONT rendered by Wilson In 1898,
which vas his first and covered the! en-
lire period Of his agency, Miller ana
In the sum, of $1T.64.
The suit1resulted in a decree in favor
of Miller and wife for 1915 with ms
terest from October 1 1898 IS, !. :, a.
Wilson on appeal, the court holds that
n court of equity had Jurisdiction In gthe
tier, lie case not being ono Of q single
money demand which might be cnforc-
ed In Il court Of law but e. case involv-s
ing a trust, and n complicated settlement
OF the accounts OF an agent occurring q
position OF trust and confidence where
discovery Z called for and neecssary,.in
bc fur fccnlSplnih; simple and free from
difficulty, 1t Is further held that In such
u case Ills this the statute ofs.llmitntidns
does not hegln8t run until the ttermlnh-
6tlon of&the undertaking or agency, and
that assignment of error is also ovcr-
Judge Harrison wrote this opinion. s5
SCOTT 15T AIS. VS. 4iPA1'TERSON's5
ADMINISTRATORS, r. Ell
istrator ct als.,- Judge Keith, constituting
the will of Robert Scott. deceased, holds
that it Invested lis children whitman ulti-
mate fec Simple In the property In re-
mainder after the death of their mother,
and that an inscparable incident OF such
an estate is liability for debts.
1T is, therefore, decided that the Cir
cult Court OF Augusta county rightly
decreed that the Interests Of William j.
Scott, Emma Scott and salie Scott be
sold, and the proceeds applied to tho sat
jisflction of debts proved against them In
the suit brought by their creditors 70
subject their interests in the real estate
derived from their father to the payment
of&their debts. "a, I.
In, un action Of ejectment, brought by
j. a Glenn against Weaver and others
for tho recovery Of lind the Judgment
Of tho Circuit Court of Augusta county
is reversed, because of failure TO APP
point i guardian I'D lltem for four In
fants, who with ono adult W Is, n,e ca1m nm
ants of the property IN rec s1lpie. II the e
Circuit Court.