The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-15

evidence, although admitted without OBJ
lection Ga condition which indisputably
prevailed in this instance), 1t ought In
the due exercise of It's supervisory pow
crs, to set aside the verdict and remand
the case for new trial. Especially is
this true in capital case where the
greatest liberty is allowed In granting
new trials
Hampton Institute Case.
In the case of the Commonwealth
OF Virginia and others VS.. the Trustees
OF the Hampton Normal and Agricul-
tural institute In which the liability Of
alton is the Issue, the court affirms
the Judgment of the Circuit Court Of
elizabeth City county In the main,
after after. amending It. The opinion of the
luminous mn, and carefully prepared one.
:, The lands and properties Of the
hampton Institute, as the school is
commonly Known, were exempt from
FIX thaat nain l prior to 1903. In that year
the districts In which the Institute is
located. acted under direction az the
attorney for the Commonwealth, as
erty ., at H. the real and personal prop
the years 1903. 1901, 1905 and 1905. This
actlon was taken under the attorneys
a.ptliistructlon of section 1S3 of the Con
si - luton, Of -, 1oo1-1oo2, which section
insti u9tsa b nne county claims that the
H rEros or land to the National Soldiers
t ~! having leased another strinIto
t NE Hnampton Roads Railway and Elec.
ava hHo.1npany. and having sold milk
ticles in the community far nrnft. ar, ar
NJ bplieI,cd the exemption granted Il"
. ne Constitution to educa tional i = ~ ~
tio The e, court gu. declares that the conten-
ian ian tracts OF lands are leased ~. Ger ~,
iia na property of the Institute beco,, M,
tt, ajnad Tor taxation cannot be mains
leased leased. or sG Is much m. of Of the land as is
profit is liable for 90 t os tfvenne ~ or
f ffnn Is unable with exactness - Inc Inc
nn nt 20 what extent and to what me-, Ne
farm ,,on I, q ITS value the HetnenWw ,p,
devoted to e ns considered tisI,a as directly
r mnn, pr proportion of Its value Is - ah hi
~, , ueu as a source OF reynn,,a ~, ~
The r CIV as II stands. The i,den,ounnta er g
ance WIN t L,ourt is amended in accord !.
In the case Of Mecu aaa ailrmea
oanstee, VS.. O'Rourke rro,, substituted
tbes Court of the city Of me Chm
Judge p pGnoro Of the court, wrttan or 10.
decree ar H. ~ ~, Harrison, reverscs thn
ii,.as IN, the cause for furtbarl ana re-
az liz Inc .I, case inpolyos c1, proceed-
died In VIZ isot Of leromiah oRourkeu e u on
,va ne testator devised 70 ~
t mIipa o,Rourke, a life e.t nis son, Ed
Kahn ip II tr,s properly, and to "a Fer Ger
oRourHs.. t esri bis other son Mleb n
with directions ~ n, other property.
NJ M Or the net balance ~ re,I,s s,e to pay
wv y' 1 PmrGperty 5000 to Micbneepi me from
rlage, and "a ms l lfe Or until his m nal-
IN she death or marriage az der. IN,
~ ~ IhuIsehmond city bonds l., ~ Michael
81 9 !S marriage Michael waa y the Icy event
the estate Seiaea = So tho revenue from
ni ss,,n Of the death of Edwar,d IN the
tte 70 Nc me realty devised r. i, without
ut Of Mi Ia bmaiIn trustee, for the be Mas
the same conditions ai is oo cdhildren upon
ttihu ~ oRonrke died wIt h prescf r
this p suit passed to the trustee. s sand
g 4. Michael that un after the b,s contention
to Inc estate devised to him ~ ss
trust estat as separate and distInct
sslve an ad enPm Mhi saod he was e re-
n nme 10y decree OF the Chancerv Conn mm.n,m.
ton nnd drp ~ sustained that contn np :
contends that Eetihe IKE Judge Harrson
ilS any larger sum than thnt neceiv-
VII VII Inat the trust estate ~ pE,Idv ,..,
fm mn ctee n meant to become n uW tr',st
chiidrarno r me benefit Of I,is rrnn NJ :
Tina daa, Of 70 the children Of his ,,nc,n
tb ,ie meGree Is therefore reversal u', wy;
tue cause remanded ana
Deed Sustained.
IN the case fTimberlake,s COW,
f ne n',q others VS.. Moore ana nthnrs
~ - c cf,,e i'ancery Court Of thp city,
is snstaInnaa she deed from that co,,,t
cnse grows out OF a deed "i' ~ Ihls
inent executed by Tieminr Il fIo msslg s
veying five tracts fland ID scn, y. COZ
tam debts, among them onn uta co.,
epinmlttee or Miss TimberIaka n ~ lrn VIC
c etu, unu nnother to J. S. Moore Ia
M thhii ~ y, utIer debts of the second nnI
inc s.I tJ a'uss ~ r1htably. Tho grantor, Elem
embraced In this deed, and mo n norrtpve;
the proceeds of this sale are em p hra or
IN the controversy. Creditnrss 'lhnf fai.a
liens, on the Grove farm ohiennt oialng
tne dlstrlbution of the proceeds ~ ~ ~ y
saie, ana the court holds that they hnwe
right 70 have 1t corrected. Tho c an ~
no m1 Ith mat neither Hay nor pollardI-
without the ne, consent Of tho creditoirs
a anv na,t nag az any authority TO divert
OF the farm, TO the payment of of S ANY,
9aher debt or the ,grantor until all the
debts secured had been sntlsficd ~, NJ
loss they acted under tho authority or
WIN me express or implied consent az
tne parties Interested This record fur
nishes no authority for such appro-
nrlntion and the deed of the Chanrery
Court, IL right and should be affirmed
CITNHNHAnU