The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-02-03

GIVEN
~ 4 50 :
EIGHT OPINIONS VI {. n s 6
Supreme Court tDisposes OF OF So; g
Number Of Kiotty8I'rlo
lens iii Law.

Two Of lie eight cases n which op PIN g
were handed dow ~ ti W,
Richmond eases, tho other SIX coming Up p
from THE Circuit Courts Of the various
counties . a; 81, sss j. I. "a 3.,,,1E
warranto proceeding from tho u Circuit y
Buchunan delivered tic opinion Of the
Golr yoyGfdsngt tn sue sie or
der as the Circuit Court should have Set AZ
~ S%ss Gi1'at tRe
county, Instituted u quo warrnnto proceed
ing against Bruce Stult2 to determine
which Of the woGwas the legal ana rig y.
County, co The 4wrt was presented 70 the
judgoin yncatl and was 3made returns return,
able on the 1sI day q the next x, t a,.,,,
# hd the sGa Whf sns spss1sa and
moved the court to quasi the indictment
on tho ground that It was not legally re- e.
turnable TO nor ,cognizablo by the court !.
motion, and an exception was noted. Tho,
question Involved IS whether or not tho
word term In the statute bearing 3onsthe
subject Is to be construed rs meanl,ng g
holds that the writ should have been
made returnabolat the next regular term,
not q special term Where tho word term !
construction is that 1T means d Aregular
term fixed by law. For these reasons the \
Judgment complained Of is reversed.
Mrs. Allen Wins.
\ III the case of5the Richmond Passenger
and Power Company vs.. Allen from the
nd 1dd nS GSar5 d deney Se
opinion of the court, affirming the judg--
inent of the lower court, which is declared
to be planlXS,rlg - &, ~
q companion along Lester Street, in Full
ton, in u closed vehicle, upon the tracks
OF tho company. when the vehicle was
horse to run away and injurlng the plains
tiff. Tho company set up the defense Of
.contributory negligence. ,rlc Appellate
Court revl ews the testimony in the case
and holds that II does not nblisll such
negligence on the part of the plnintiff but
that the company was solely responsible
through the negligence ofSan cmploye. for
Of is affirmed and Mrs. Alien viii get tic
amount. Of damages awarded by the jury
which Is $1,000 f RI }5 p
.Chanccry Court of the City OF Richmond,
Judge: George NJ. Harrison delivers the
opinion Of the court, reversing the decree
OF he1lower court. 1'his#is a case grow
ing out of a tax title deed to Il piece Of
realty, The purpose Of the bill as stated 4
by Judge Harrison5is to procure the OUT
standing legal title in James p Phillips,
administrator of Barnett Wicker, trustee,
and at the same time, by way of rernov-
ing a cloud from that title. to have can
called and annullcd the deed to u third
party who is in possession, holding as
purchaser from the Commonwealth. The
complainant has only an cquitablcRtitc
while the defendant Is In actual posses
sion under a tax. title deed. The court
holds that the doctrine Is we'll settled
that only those who have a clear legal
and equitable title to land. with pos
session, have right to claim the inter-
ference Of a court bf equity to give them
a person out of possession cannot main
tain such a bill. The appellee who. Is
asserting n purely equitable claim, cannot
i'll such 4 suit mplead the appellant
against whom he has no equity for the
purpose or5cnforcing a purely legal claim
Tho appellee has the rightto prosecute Ills
suit for. the purpose OF recovering the,
outstanding legal title to.the property in
question: but when that lis secured his
remedy is at law. :t
The decree complained OF is reversed,
and such decree entered us the lower
court should have entered, sustaining the
demurrer, dismissing the bill as to tho
appellant. but without prejudice TO tho
proceedings as the appellee may be ad-s
vised to take.
Interesting Question.
In the case Of Powell vs.. Pierce, from.
tho Hastings Court of the City or Ports
mouth. Judge Whitte delivers the opin-.
ion Of the court, affirming the Judgment
of the court below n. &
This casa grows out of an action Of
unlawful detainer rendered in behalf Of
Pierce, plaintiff In the trial court, to re-
cover possession of lot and Improve
mcnts situated in Portsmouth.@ 1t appears
that q lot was demlsed to the defendant n
for the term OF ten years at n yearly
rental Of slS5. the lessee coYenanting to
pay taxes upon4t he property during the
life OF the lessee and to erect. thereon
O. two-story structure worth not less than
$500, to 'bc completed IN six months from
/. date of lease At tho expiration of7the
| first term 1t should be optoned with the
lessor to continue the lease for second
ten-year term, on the same terms, upon
! giving six months notice of his purpose
| first term. The lessor agreed II the lease
| was not so continued to pay lessee full
value of the buildings to be erected. the
| method OF valuation being stipulated t
Of covcnanted, the lessee should be EN-
| titled TO hold over as tenant from year to
year. subject TO tho ordinary notice to
terminate the tenancy at hc5cnd 0fguny
the buildings. Until such payment for
the buildings no increase OF rent should
be demanded BY lessor. V
Lessee took immediate p pos q J
y erected t the sE DhlulnES. "a PISS liz ttEE SlN
months notice to continue the lease was
not given. but lessee remained IN undls.
i turhcd possession and continued TO pay
, taxes ana the rent, and lessor to receive
such. rental until January ], l9oi ~
that date lessee WIS in arrears for rent
and on July i, 1902. the lessor served
! notice upon him that he was at thai
time u tenant from year to year, ant
that the tenancy would expire January
4 ], 1908, at which time he would DO ex
i pocted to surrender possession. 55
!, The error assigned by the lessee Is tina
, by tho terms Of tho lease the lessor wa
not entitled to recover possession OF thu
/: premises until the buildings We're pait
: for, The court holds that this case i
+, not materially different from the case o
! Pierce vs. Ciripe The failure Of the less
!. or says tile court, TO give required NolIc
OF his intention to renew the lease, en-
! titled the lessee AZ the end OF the lira
term to decline 10 accept tho second torn
o and 10 al once demand pay for III
i buildings. He impliedly waived tina
O notice and having accepted all the hene
: fits that accrue from Il formal renowa
;, of the lease for the fun period or III
y second term, he cannot now be per
J mtted to, by shifting his position, to rea
faRIN