The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-18
Supreme Judges Sustain Decision
OF Lower Court as to Masurier
Ordinance.
OTHER INTERESTING CASES
Long Standing Controversy Over
Title to Property Is Terrpi-
nated-Summary.

nated-Summary.
The Supreme Court OF Anpeals yester-
cases, all Of more or less Importance.
Tho most Interesting locally is that In
which tie court sustains judge WITT 5
decision. declaring invalid the city ordi-
nance, known here as the Masurier ordi-
nance, making 1t unlawful for any city
official, employe or member OF any NUM-
cipal board to serve as Judge. registrar
or clerk at any election, regular or pri-
mary. or as member OF any standing
committee of any political party. fhe
opinion was written by Judge White
The case was that of the City OF Rich
; mond VS.. Lynch and Duke. and the opin-
ion. taking the case of Lynch. who Is
a member OF the Common Council or the
city, says that he holds an elective Office
under the Constitution of Virginia, and
! that instrument having declared what
political positions shall be deemed In
compatible with such Office. not including
! membership OF standing committee of
| any political party II Is not within the
competency OF the city by ordinance TO
| add other inhbitions TO those therein
| enumerated. And. as another reason, 1t
is said there is no authority in the charter
1 of the city, either express or implied. TO
| ingraft such Limitation on municipal
| offices-it contains no general welfare
| clause in the common acceptation OF that
| term. and the restrictive language Of sec
ton 10. invoked as warrant for the enats-
| ment. is wholly inadequate for that pur-
pose.
Long Controversy Terminated.
Another decision OF decided local inter-
| est was that in the case OF Glenn vs..
West. by which the Judgment OF the Cir
! cult Court OF the city of Richmond is az
! hrmed and finally determines contro-
versy which has bean pending for sew
| erai years over the title to tho property
! COS North Second Street. in this city. In
volving n sale Of the same for delinquent
! taxes.
In 1851 George w. Probst conveyed GER
tain real and personal property to trus
| tee for the sole and separate use and
benefit of his wife, Elizabeth Ann Probst.
| during her lie. and for the benefit of
such Of their children as might survive
| her. The real estate conveyed by this
| deed was under the authority conferred
upon him. sold by the trustee and the
proceeds reinvested In the property COS
! North Second Street. The taxes on the
| property. which were assessed In tho
name of Barnett Wicker. trustee FIR E. a.
Probst, etc. became delinquent Or the
| years 1876, 1877. 1878 and 1879. and tn, prop
| erty was sold for the delinquent taxes
| to Joseph f. Glenn, and 81 deed male to
| him by Walter Christian. clerk OF the
! Hastings Court, November IS, 1899.
! Mrs. Probst died in 1888. leaving Chsles |
| S. Probst the only surviving child of err
self and her deceased husband Geoge /
| w. Probst; and on July ., 1856, Chat.s !
! S. Probst conveyed the property in dus- |
| ton to Willard E. Brown, who, in 1902 CO. !
| veyed it to William B. West. The truste |
| in the original deed died without conveyitt i
| the legal title to Charles s, Probst /
| those claiming under him, and IN sun
1 brought for that purpose the ChancerA
| Court OF the city of Richmond adjudged
| West to be the equitable owner OF the
| property and entitled to have convey
nnce of the legal title. which was done
| by a commissioner OF the court on March
| 9. 1905. This action of ejectment was
| thereupon instituted in the Circuit court
| of this city.
| Affirming the judgment OF the lower
| court Judge Cardwell, in his opinion
| states that this case is controlled by q
| 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 a tenant for life, are liens on the estate
| of tho life tenant only, and not on the
|
| he enforced against the latter; that 1t Is
| n matter OF no Importance whether tho
| property was properly or Improperly
| listed and assessed for taxation, for 1t
! was the intention of the LEGISLATURE that
| taxes should be assessed against the per-
| son In possession and enjoyment or the
| property. whose duty it is to pay such
taxes as arc authorized by law to be
levied, and not the trustee, who holds
| merely tho legal title The listing and
| assessment of taxes on this property In
| the name Of B, Wicker. trustee for D. a.
| Probst. ETC., was, it is declared, IN effect
n listing ana assessment in the namc of
10. A. Probst, the life tenant. and 1t 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 remainderman may redeem It Is said
| 1t would, therefore, be travesty upon
| Justice to hold that the deed from Chris
| tan, clerk, conveyed not only tho ITO
estate OF Mrs. Probst in the property, but
the right of the remainderman to the fee.
when the remainderman was not IN de-
| fault in the payment of the taxes Tor
which the property was sold. and would
not have been allowed under the law to
redeem the property had he desired or at
tempted to do so.
Trigg Company Case.
In the case Sc OF the FIRST National Bank
of this city and the Savings Bank of
Richmond VS.. the w. r. Trigg Company
J and others. in which the decision Is ad-
| verse to the two banks, the whole con-
tention is remanded to the Chancery
| Court.
The suit was Instituted by the cred-
tors of the Trlgg Company and In 1t
| the banks above named asserted their
claims, amounting In the aggregate to
oery made report, giving priority to ce,'-
i tain labor and supply liens over the
claims OF the banks. and the report
having been confirmed by the court, the
property of the Trlgg Company sold, and
| the sale confirmed the banks obtained
L ~ tho S,inca,,, a ft,,,,rt