The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-07-07
FORD HOTEL SALE
HELOUP ON APPEAL
Supreme Court Decides to Hear
Legality of Transfer
to City.
MAY LOSE PURCHASE MONEY
Consideration OF 100000 Has
Already Been Divided Among
Ford Heirs.

In allowing an appeal and super
sedeas yesterday from the decision OF
the Chancery Court of Richmond In
confirming the sale of the Ford Hotel
property to the city. the Supreme Court
of Appeals has created a situation
which is exceedingly embarrassing to
the plans of the City Council, and
which may cost Richmond nearly $780,
600 In good money If the decree is
reversed at the final hearing.
The money paid by the city for the
property has been nearly II not en-
urely disbursed among the Ford heirs
At the best tho appeal prevents the
contamination OF the sale until next
March. unless a successful effort is
made to advance the case on the SUI
prcme Courts docket
SnE Price Is Too Low.
The petitioners. who are two of the
heirs. set forth that the price paid by
the city is inadequate. and that in
consequence they were prevented from
receiving their full rights. They claim
the old hotel should have brought
| $4,000. Should the hnal result of
the litigation be the payment of the
additional $4,000 by the city. the
money already distributed would be
credited on the payment. but If an
other purchaser gets the property the
city Will be out 100000 for which it
may have to whistle loud and long
! one of the attorneys for another
heir said yesterday. however. that he
/ thought the chances thirty to one that
the decree of the Chancery Court
| would be finally affirmed and that the
| only result would be delay of months
in the city securing possession OF the
| property.
| Two Heirs Sue.
The appellants are Mary Lee Benet
/ and Charles Thomson Herndon, two of
the Ford heirs. who represent. through
| their counsel. Richard Evelyn Byrd.
that they are aggrieved by anal
decree entered in the Chancery Court
of Richmond on May "a. 1911. in the
causes of Mary Lucy Ford against A.
j. Ford. trustee; Stuart H. Ford against
a. ]. Ford. trustee; Estelle Madeline
| Ford against Charles Thomson Hern-
don, and Mary Lee Benet against Flor
ence B. Quinsey. This decree con-
iirIned the sale OF the Ford Hotel
property. on Broad, Capitol and
Eleventh Streets. to the city OF Rici-
mond.
In January three OF the commits
sioners heretofore appointed in the
cases-Robert H. Talley, Henry C.
Rely and Dav:1 Meade White-re-
ported to the court. fling correspond
ence had with the City Attorney and
certain afndavits stating that the value
of the property was 100000 and GER
tain other ahidavits that It was worth
fully sl2o.o00. Those witnesses who
decided for the higher price were H.
Is. Franklin, F. E. Brooke and Thomas
II. Fox, while the afidavits stating
that 100000 was an excellent price
were signed by +. s. Sutton. n. w
Bowe. ]. B. Elan. John r Goddin. Ed
4 IL,
Directed to Sell.
On January 81 the Chancery Cour,
directed Commissioners Talley, White
and r. E. Byrd TO sell the property
to the city. This was over the pro-
test of Mary Lee Benet and Charles
T. Herndon. Ninety days option was
given. and on April 90 the commits
sioners reported that the city had moi
closed the deal, whereupon the time
was extended for thirty days. BY re-
port dated May 90. it was stated that
the City Council had appropriated the
sum or S16S.000, with which to pur-
chase the entire block. through tc
Twelfth street. Two days later the
sale was confirmed.
1t is argued in the petition for ap-
peal that the Chancery court had up
set all precedent in fixing the value
OF a piece OF property in litigatio
giving no opportunity TO secure
higher price by Reimbursement
Thereby. it is stated. other possible
purchasers were prevented and es-
topped from acting. AT least, 1t is said
competitive bids should have been
allowed. 1t is declared TO be some
thing new IN judicial sales when the
strong arm OF the law Is invoked and
used to hold down the price of prop
erty sold under judicial decree" The
court. II is further argued. thus com
PEELED an option to be given.
In the report the commissioners set
forth that the property was offered for
sale TO the public on May is. 1910. the
highest hid being $4,000. which was
not accepted and that no offer had
been made since. up to January. save
that made by the city.
Mcclure. Rely & Bryan, and David
Meade White represent Estelle Made
line Ford; Robert II. Talley is counsel
for stewart H. Ford. while Richard
Evelyn Byrd is the lawyer for Mary
Lee Benet and Charles T. Herndon
Who Wants Sarnh Johnson
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