The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-03-04
OL1 ERR ES 4N 1,
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reqtlre notice as to such prior sales.
THE Court Of Appeals has decided that
where the purchase lad been made prior
to the law Of April 2, 1902, and two years
had already elapsed although tic pus-
chaser had not procured deed within
the two years. that he could not DO re-
5quired to give THE roticaT and was en-
tilted to d deed under the Inv as 1t stood
Sprior,sto 1902. 4, 5 81
sasProof Of the payment fof sthc taxes
Eand %alcves viii defeat III tax deed but
there. IS a provision OF law that no suit
shall Sbe brought to- set aside cancel or
5annui a tax decd two years after It has
lseen admitted ITO record. except for
fraud. S1 II the tax payer IS notified OF tho
fact that the aynent of Ills taxes has not 40
been properly entered tSit would BIO the.
better course To- bay. Aoetiie attention to-
tits, ana to have the payment properly
credited. - i I,
Il 81. Yes. RI N 83 u. ,s,s3, #
" AZ No. except iil8 the manner indicated
iii tho response to- our correspoin'd l
second inquiry. 80
West Virginia Share Of State
Debt. s
Editor or Tho Times Dispatch:
0 sr,-I West Virginia Is legally bound.
{EI,gr
which Gun be recovered By suit through
the United Suites courts.fas Is stated In
your columns, would not such suit have
to be brought by the bondholders and not
by the State Of Virginia? Did¬ the
bondholders in accepting payment from
Virginia under the Reimbursement acts Of
OUR Legislature, release Virginia from
further liability and agree to look to
West Virginia for the residue--the bond
holders being gsubroga ted 3 TO the rights Of
Virginia against est Virginia.. X this
be SO, then Virginia has nothing to, do
with the litigation and ought not to be
dragged into It. sF S5$S$8 a. II, ..
81. Il Virginia has actually paid Off and
now holdsfin her own n hit, the original
obligations Of the undivided State for mill
lions Of dollars, which constitute q valid
and subsistlng claim In behalf Of the
present State OF Virginia against West
Virginia for such proportion of the said
old debt, SO paid of by y irginia, as West
Virginia is equitably and legally liable
FOR, to establish which claim she hns Is q
lust cause of action against West Yir-
ginia. 55 Y II
2. The present government OF Virginia
holds all 55Of the bonds 8Of The old STA le
which were funded under he n act 4 4; Of
March 3O.S1s71. BY the terms OF thatSa
ana Of the contract z made pursuant N to
its the holders OF me oia
bonds Of the State, ca chNof those bonds
was deposited with Yirglnia as trustee,
under the stipulation that sho would
hold It in trust for the benefit Of he
owner depositing t the extent Of one
third OF the amount dye thereon which i
remained fund cd B, and 4. hnt 3 provision
should be made to, pay 4 him III 4 his 5$as-
signs such unf undcd third OF said bond
with interest 4 hereon, in accordance wit =
the terms OF such settlement as should
be had between Virginia and West Vir-
gina;Hand Virginia gave ~ cert flea te. 70
the oWrerGOf each Of said bonds to this
effect. THESE certificates amount now
to over s12 900 900 with interest rorn 1871.
It is claimed II by the cert fcate holders
that Virginia Is not discharged 4 from
liability onEaccount of this unfunded third
of the old debt, and that itgis her duty
as trustee to bring about a settlement
with West Virginia, by negotiation II
possible, or, if West Virginia refuses to
make an amicnble settlement, then by
suit: ithatsSVirginin has such an Interest
III effecting such'5a settlement, and is
charged with such a duty In the premises,
io5t hot. lp67
incumbent upon her as a matter Of fair
dealing and good faith, toiinstitute a suit
against West Virginia for the purpose of
compelling such a settlement, in view o t
the fact that West Virginia has, repeat
cdly re fused % make any settlement and
denies that she owes any part Of the old
debt ,53 X :5s s h Il
Z g.. UnderSthe act Of March 6. 1900. con-
tinuing the Virginia Debt Commission
and enlarglng their powers and making
N t8their duty to bring about5a settlement
with West irginia, and under the con-
tract entered into between that commits
sion and the holders OF over seyer-ei ghths
of the certificates issued under the act of
1871, which are the only certificates for
which Virginia can be In any event liable,
it is expressly stipulated that, If VII
glnia or the Virginia Debt Commission
will bring about a settlement with West
Virginia, eitheraby friendly negotiations or
by suit, these certificate holders will $nc-
cept whatever may be recovered az the
result Of such settlement, in full salts
faction OF all their claims, and release
Virginia from any further liability what
ever; and not only this, but by the terms
Of the said act and Of the}said contract.
the holders Of tho slid certificates.
amounting now. principal and interest.
as will DO seen to over $3.50 900, agree
to assume and bear all the costs and OK
penses incurred In bringing about such Il
settlement, whether 1t is effected by suit
Or otherwise and to save the State OF
Virginia entirely harmless from any liabil-
ity upon such account. .ss IS