The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-18
Supreme Judges Sustain Decision
of Lower Court as 90 MaSurier
Ordinance.
OTHER INTERESTING CASES
LOng-Standing Controversy over
Title TO Property J., Icrmi-
natcd-Summary

Embellishments.
Tile Supreme Court or Appeals yester-
day handed down opinions ia twenty-oue
cases. an of more or less Importance.
The most interesting locally IS that in
which the court sustains judge witt s.
decision declaring invalid tine city ordl-
nance. known here IA the Masurier ordi-
nance. making 70 unlawful for any city
Official. cmpioye or member ~ any mlui-
cipal board 90 serve as Judge. rrsi-trar
or clerk at any election. regular " pri-
mary, OF as member OF any standius
committee az any political party. fae
opinion was written hy Judge white.
The case was that OF the City Of Rich
mond KS. Lynch and Duke. and tle oliu-
ion. taking the case 81 Lynch who is
"A member % the Common Council ~ the
city. SAYS that he holds am elective Office
under the Constitution ~ Nirg Mia, ana
that Instrument having declared what
political positions shall De decmei iu-
compatible with such ofiice. NOT including
membership % standing committee or
amy political party. u Is not Within rue
competency Of the cry Dog ordinance go
add other lnhinluous 60 those therein
enumerated. And. az another reason. b.
Us said there is no authority .u the charter
% tho city either express or Implied. to
on1Ces-it contains no general welfare
clause. .n the common acceptation of i.at
term. and tne restrictive Language ~ ser-
ton IS. invoked as warrant fo~ tho euat%-
mcnt. is wholly inadequate for that pll-
pose.
Long Controversy terminated.
Another decision Of decided local inter-
est was that in the case a. Glenn u.s..
West. hv which the Judgment of the Cir-
cult Court ~ the city 81 Richmond ls af-
hrmed and finally determines @ coutro-
versy which has been pending fer sew
eral Years over the title 20 the property
605 North Second Street. IN this city in
volving 2 sale o. the same for delinquent
taxes.
Ia 1851 George W. Probs- conveyed ce--
tain real and personal property 90 trlIs-
tee for the sole and separate Use and
benefit az mis- wife. Elizabeth Ann Probst
during her lie and FOR the benefit ~
such ~ their children as might survive
hey. The real estate conveyed ly this
decd was. under the authority .puferred
upon him. sold nv the trustee and the
proceeds rcinvcsfed in the property elI
North Second Street. The taxes on the
property. which We're assessed ~ the
name OF Barnett Wicker. trustee fe- F. s
Probst etc.. became delinquent pr the
years 1876. 1877. ISIS and 1879. and a., prop
erty was sold Tor the delinquent taxes
him by Walter Christian. clerk 90 tie
Hastings court. November -. 1922
Mrs Pr0bst died in ISIS. leaving Cnefss
5. Probst the only surviving child OF sr-
self and her deceased husband. Geoga
W Probst: and on July =, 1SS6. Chaa.s
! : Probst conveyed the property in Qur-
ton 10 Willard r. Brown. who 30 1902 co-
viewed IL to William 3. West. The tr-Istr
in the original deed died without conveying
the legal title 70 Charles 5. Prohst O.
those claiming under him. and in suf
brought for that purpose the Claucc-E
Court Of the city Of Richmond adjudged
West TO be tile equitable owner or tie
property and entitled 10 have convey
/ ance of the legal title. which was done
/ by a commissioner Of the court Oh March
| g. 1905 This action OF e1ecunent was
| thereupon instituted in the Circuit Court
/ OF this city
Affirming the Judgment OF the lower
/ court Judge Cardweu. in his opinion.
| states that this case is controlled hy a
former decision Of the court in Tabb VS..
! Commonwealth. Following that decision
! II is held that taxes and levies whether
/ assessed by the state or municipal cor
poration. which accrue during the estate
| of . tenant for life are liens on the estate
| Of the life tenant only. and not on tho
estate Of the remaindcrman. ana cannot
/ be enforced against the latter: that IL is
| a matter OF no importance whether the
| property was properly or improperly
listed and assessed for taxation. FOR 10
! was the intention Of the LEGISLATURE that
| taxes should be assessed against the per-
| son in possession and enjoyment OF the
! property. whose duty il is 20 pay such
! taxes as arc authorized by law TO be
/ levied. and not the trustee. who holds
/ merely the legal title. The listing and
| assessment OF taxes on this property ia
| the name Of 3 Wicker. trustee for r. a.
! Probst. ETC.. was. it is declared, i'm effect
/ q listing and assessment in the nafEc OF
| T. A. Probst the life tenant. and Il IS
! shown that under the law the person in
! whose name the real estate was listed
| when sold has the right to redeem the
! property; but no provision is made that
{ the rcmainderman may redeem. IL Is said
/ it would. therefore. be a travesty upon
/ Justice to hold that the deed from Chris
! tan clerk conveyed not only the life
estate OF Mrs. Probst IN the property but
! the right Of the committeeman to the fee.
1 when the remainderman was not in de-
fault I'm the payment Of the taxes for
/ which the property was sold. and would
/ not have been allowed under the law 60
redeem the property had he desired or at
/ tempted to do so.
Trigg Company Case.
/ In the case OF the First National Bank
/ Of this city and the Savings Bank OF
| Richmond VS.. the ". r. Trigg Company
, and others IN Whicn the ueclsluH II du-
/ verse TO the two banks. the whole con-
tention Is remanded TO the Chancery
| Court.
The suit was Instituted by the credi-
/ tors Of the Trigg Company and IN II
! the banks above named asserted their
! claims, amounting in the aggregate 20
about SS5 900. The commissioner in chan
! Gerry made "a report giving priority to GER
| tain labor and supply liens over the
| claims OF the banks. and the report
having been confirmed by the court, the
! property or the Trgg Company Sold and