The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-28

ment Of the Ford estate, In this city.
Also a writ Of error was allowed the
wash 'ngton Southern Railway Com
pany In damage suit brought against
1t in Alexandra county.
The writ Of peremptory mandamus
was awarded in favor OF o. r Stearnes
and against Dexter Goad, clerk Of the
Circuit Court OF Carroll county.
Stearnes had secured two options In
writing on property in that county.
By one OF these SIS was paid for an
option on $4,000 worth of land until
April next. and by the other there
was TN agreement from G. w kernodle
and wife TO sell Stearnes $4,000 worth
or property, on which $1,000 was paid,
70 DC credited on the purchase price In
case the deal is consummatcd.
Dispute Over Fec.
Clerk Goad held that the fee to be
paid 10 the State In recording these
papers should be the same as though
they passed title, while Stearnes ten
dered only the clerks fee and the tax
required upon the sums paid for the
options. Under the terms. as fixed BY
the clerk. the fees would have amount
ed in all to S166.50, while the court,
In It's order. holds that the total which
should be paid is SC. or SLAB for clerks
fee on each paper and so cents and So
tax, respectively, on the sums paid for
the options.
The mendamus case was argued by
w. y: Cardweil. for the petitioner. and
by Attorney General Samuel w. VII
liams. for the clerk. and consequently
for the Commonwealth ''
IN the Richmond case. styled Charles
Q. Saville against William w. Roun-
tree, 81 was in question This was
mace test. case. under a ruling OF the
auditor and the Attorney General. in
o ~hiGh tns y construed the law as re-
Zee on deeds in which the considera ton
was isss than $1,000. and - cents on
each SloG of the entire sum when II
exceeded $1,000. MIR. Rountree. who
ha
claimed that the 10 cents on the SI00
applied only to that part of the CON
Sideration which exceeded $1,000. The
latter view tho court upholds by re-
1uslnE writ of error.
Object to Land Sale.
Mary Lee Benet and Charles Thomas
Herndon asked for an appeal from a
decision Of the Chancery Court OF the
iands were ordered to be sold belong
ing to the Ford estate. The decree
complained Of was rendered in tina
causes OF Mary Lucy Ford against A. J
FORD, trustee; Stuart H. Ford against
a j. Ford trustee Estelle Madeline
Ford against Charles Thomas Herndon
and others. and a1ary Lee fenet
erS.
Under this. ruling 1t was required
that certain lands in York county be
s 500 :, az; ana Henry c. Rely, the special
be sold to the Investment Corpora ton.
which desires to manufacture cement,
II IS claimed that the price of $40 an
acre. which IS agreed upon, is made
quate. and that the property will be
worth more money later. in view of
the opening OF cement and mari indus
tries in the vicinity.
according TO the commissioners re-
port. the land is Of little real value.
as there is no mari. and the corpora ton
desires to erect on the property build
mss ~ Tor It's employees. who are engaged
IN the operations in the vicinity The
sum OF $4,000 has accumulated on II in
taSes. and it is believed the sale is a
judtc1ous one. This view is apparently
Upheld by the court. and the land will
brakeman Was Killed
The Washington Southern Railwax,
secured writ Of error from a judg-
ment In the Circuit Court Of Alexandria
e caounty against 1t in favor of Robert H.
s1oS, sergeant and administrator Of
Sl!as H Grove. deceased Grove was
a brakeman, who was killed in an acct
Gent IN the Potomac Yards q, January
10 isps. It is stated that never before
NAG there been a collision in the yard.
ana that only one defective car had
been derailed.
The plaintiff claimed that the raiIroad
while the latter says that not not . only
was Groves disobedience OF orders the
cause Of his death, but that. In fact,
nau ne been at his post he would have
st,..S.ou tHS dCcloeHt entirely. The
Jury gave a verdict for $1,000 damages.
Which will now be reviewed by the
higher court.
The proceedings yesterday were as
y sss,ti Railway Company against
Niospy; argued by Eppa Hunton, for the
plaintiff in error, and submitted
Cassclman & Brown against Bialas.
argued by Samuel a. Anderson and A.
a H. sands; for the plaintiff in error,
Poe, for the defendant in error. and
submitted. - ~
Q. L. Stearnes against Goad. clerk:
argued by w p. Cardwell. for the petit
the respondent; mandamus awarded.