The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-11-24
|.OP|N|ONS FROM
SUPREME COURT
Nineteen Delivered From States
Highest Tribunal in Cases
Of Interest.
A VARIETY or LITIGATION
Many Questions Of Law Touched
On-No Cases From Local
Courts.
4 VARIETY OF LITIGATION

down nineteen opinions yesterday, all Of
mond or Henrlco courts.
Dlgests Of number Of the learned
discussion OF the cases by the Supreme
Court judges are appended:
Wolverton VS.. Holman. From Circuit
Court of Shenandoah county. Opinion by
Judge Keith, president.
The case arises from a contention re-
garding tho right Of Leannah Wolverton
to decd certain tract OF land.
George Woverton decided certain realty
to Lennnnh Wolverton In feesimplo, but
tho deed recited that In the event that
her son, w. s. Wolverton, outlived her,
that the property should 80 to him and
his heirs.
George Wolverton died, and Leannnh
Woverton decided tho property in fee
simple to S, j. Hoffman. w. s. yvolver-
ton outlived lLeannah Wblvcrton and
claimed tho property under the phovlsolns
Of the deed from George Wolverton to
Leannah Wolverton.
The court ruled as follows: ''Wc have
seen that the feeslmple is conveyed to
Leannah Wolverton by the deed under
consideration in clear. unainbiguous and
explicit words. The language relied upon
to reduce that interest from feesln-
pie to life estate Is not apt and proper
for tho creation OF any estate whatso-
ever"
The Judgment Of the. Circuit Court
unfolding Honmans title is affirmed. Il
Metropolitan Life.
Metropolitan Life Insurance Company.
vs. Hale. Circuit Court Of Allegheny
count. Opinion by Judge Buchanan.
This was upon an action against q
life insurance company to compel 1t to
pay q policy, where the policy hail
4lapsed before the death Of the insured.
Miss Hale, of Covngton, Va. was in
sured In Metropolitan Life Insurance
Company, Of which one Gilmore was
agent. The quarterly premiums were due
on the 18th Of April, July, October and
January of each year. Gilmore had been
In the habit Of collecting the premiums
on Dthe 10Th, giving a receipt signed by
one Of the officers of the company. On
July 21st Gilmore went to the Hale hous
to collect the premium, but Mrs. Hale,
mother Of the insured requested that
he come the next day July ed GIL
more agreed to accept the payment ION
OF town, and that Mr.. Fill, assistant
Superintendent, would call for the money,
Mr.. Hill did not call. On the Sd ofaAu-
gust Mrs Hale sent the amount Of the
premium to Gilmore. who had returned,
and who rece' pied to her for It, When,
the next morning, he offered the money
to officials at the local office, they re-
fused to receive it. saying that the policy
had been cancelled, and that Miss Hale
was sick with typhoid fever.
She died two days later, and the IN
surance company refused to pay the
;pol;cy on the grounds that the insured
had forfeited her rights by failing to pay
the PREMIUM as provided by the policy.
The court held that the agent had no
power to bind the company in EXTENDING
the time for the payment Of premium.
and that he cannot alter, modify or
waive any of the terms or conditions OF
a policy.
For now trial to Circuit Court OF Ale
ghany county.
Harrisburg Case.
Henry 1. Rankin vs.. The Town OF Har-
,,,son hure. from Circuit Court OF Rock
ingham county. Opinion by Judge kellh'
president. ", (, Z ,,otIo,
The town Of Harrlsonburg gave notice
TO Rankin and others thatlit Would r'llse
a dam across the Shenandoah RlVer from
five to fifteen feet. The parties 70 whom
notice was given objected to the oan'
being raised, on the grounds that 1he'r
farms would be injured s5 = S commission 2,
was appointed and damages We're talioWed
the land owners, but the Circuit Court
Of Rockingham quashed that portion or
I he report Of the commissioners that set
out the amount of damage.
Appeal was taken, and the Court OF
Appeals entered an order reversing and
annulling the Judgment Of the Circuit
Court In striking out the clause allowing
the damages reported by the commits
sioners.
Tho court said: "And this court, pro-
ceeding to render such judgment as the
said Circuit Court ought to have rem
dered II Is considered that the town OF
in addition to the other
made Of 1t by the said
Judgment OF the Circuit Court, before
it is allowed to radse the dam IN lis
application mentioned to a height OF
fifteen feet. asv prayed for In said appE-
cation, shall pay to Henry T.. Rankin.
$3.50; Columbia j. Burke, $3.50. and Emma
e. Walker, $1,000. aggregating the sum
Of $4,000 mentioned and found IN para
graph 10 Of the commissioners report,
iled In this proceeding And the cause
S remanded,'
Land Title Suit.
James M. Pence VS.. Josephine II. Life.
Circuit Court OF Augusta County. Opin-
lon by Judge Buchanan.
This was suit brought about by tho
alleged defect in tho title to a tract OF
land
William Ross divlsed 115 acres OF land
to his daughter I,ettle who afterwards
married Richard Freeman. Treeihan, by
will left life estate to his wife In his
realty. including the 1l5 acres which she
had received from her father.
Mrs. Freeman, without having re-
rounced her husbands will conveyed the
is acres to Margaret M. Life and her
The property was afterwards
and reconyeyed, until 1t became
the land of Josephine f. Life. The ques-
tion was, whether or not Iettie Freeman
had tho power TO convey In fee simple
The Court held that "she has the same
right OF election as to such MS any other
person. and whether or not she has elect
ed to take under OF against the will, Is
TO be determined as In other cases.
And again "fhere can be no question