The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-11-17
NEGRO BLOOD IS
FEATURE IN SUIT
SUPREME COURT REvERsEs DE-
CIsION WHERE CUSTODY is
REFUSED.
WOMAN SEEKS CHILDREN
MRS. BIxLER SUING INSURANCE
COMPANY FOR MONEY on
HUSBANDS POLICY IS NOT
SUSTAINED.

Opinions galore were handed down
by the Supreme Court OF Appeals
Yesterday. Thirty-one cases were
disposed Of. so Ear as this court lis
concerned, and seventeen of them
were disposed Of to the interest Of
the parties concerned, while fourteen
judgments and verdicts were aflrm-
ed. Seventeen cases will go back to
the courts from which they came
There were no causes of local in
terest here. Most OF them were of
interest merely to the parties con-
cerned. only one or two having any
thing like widespread interest
The case OF Bixler against the Mod
ern Woodmen OF America may provo
OF interest to members OF sectet peiie-
fetal organizations.
Bixler WAS member OF the order
up to within three months of his
death. He allowed his dues to lapse
for two months. and under the by
laws stood suspended. The third
month he sent his dues to date. and
they were accepted by the clerk OF
the local lodge in Augusta county.
and were placed upon the books. La
clerk OF the Augusta lodge that he
had no right to accept the dues OF a
brother who had been suspended. A
few days later Bixley died, and his
wife. through counsel. sought the ben
eft which she believed due her from
the lodge. The lodge refused, on the
grounds that Bixler had lost all right
to the benefit when he was suspend
ed. notwithstanding the fact that the
clerk accepted his back dues and os-
tensibly reinstated him.
1t was shown that the clerk had
no legal right to do such a thing. ana
the lower court refused TO grant Mrs.
Bixler a verdict. Then the appeal
was taken. but this was fruitless as
the Judgment OF the lower court was
affirmed.
Sues for Her Children.
Another case OF some interest was
that Of Moon against the Children's
Home Society Of Virginia, from the
Circuit Court Of Albemarle,
Lucy Moon sues tho Home Society
for possession Of her two children,
Madeline and Ruby Grasty, aged
twelve and ten years. respectively
Several years ago the cnildren were
awarded the society by the Circuit
Court. At that time the mother was
q widow. and was In destitute err
cumstances. Later she married John
Moon. 1t was stated that Moon had
q trace OF negro blood In his veins.
and the family was to some extent
isolated. The elder Noon was a white
man. but general rumor had II that
his wife had faint Of negro blood.
and ~ = consequence. although the
man was we'll, to do, he was to some
extent ostracised. Several Of his chill
dren married outside the State, ana
those who returned came back to
live upon farms given them by their
father.
1t was principally upon this ground
that the Home Society refused to re-
turn the children to the mother, all
though the home surrounding were
known to be Of the best. Suit for
possession Of the children was. there
fore, instituted In the Circuit Court Of
Albemarle. Tho court refused to turn
the children over to the mother. The
Supreme Court 10 kind to the mother,
The opinion handed down yesterday
BY Justice Buchanan rsrersee the
Circuit Court, ana Il Ii likely that
upon . new hearing the children b
given into the custody Of the mother.
Summary az Work.
The summary Of yesterday's work:
Per Curium:
Lee ". Lee. Circuit Court Of Rock
ingham county. Decree reversed.
by James Ksath. president:
Fsrrimsr W. Commonwealth. Circuit
Court Of TAS0well county. Judgment
aflrmad.
Hurley W. Charles. Circuit Court Of
Buchanan county. Judgment afEirm-
ed.
Campbell ~. Dods0n. Circuit Court
Of Buchanan county. Decree afirmed.
Kemp W MCGUIRE ct ais. Circuit
Court q RockinsAAm county. pecrss
n0armAA.