Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1911-01-28
COURT OF APPEALS.

argument OH al aplliCatIou III hiiI
Of maudamus involving the amount Of
taxes to be paid on contract for the
sale OF property when admitted to
record. The case came from Carroll
county. After short consideration
the court granted the writ, requiring
the clerk OF the court to admit the
writing to record upon payment OF the
amount which changed hands in the
option, instead of the amount which
will be paid for the property should the
deal be finally closed.
Twice in one day did the state lose
its cases in the matter of taxes for
records, for the court also refused =
writ OF error in the Rountree case,
from Richmond, another phase of the
same law. The appeal was asked for
by the Commonwealth.
Court has adjourned to meet on
February IS.
In addition to disposing of the tax
matters, an appeal was refused from
the Chancery Court of Richmond in
one phase OF the litigation over the
settlement OF the Ford estate, in Rich
mond. Also writ OF error was allowed
the Washington Southern Railway
Company in damage suit brought
against it in Alexandria county.
The writ of pcremptory mandamus
was awarded in favor OF 0. J.. Stearncs
and against Dexter Goad, clerk OF the
Circuit Court OF Carroll county.
Stearncs had secured two options in
writing on property in that county.
By one OF these So was paid for an
option on sS5 900 worth of land until
April l next, and by the other there
was an agreement from G. w. kerno-
die and wife to sell Stcarnes $4,000
worth OF property, on which 81, 1000
was paid, to be credited on the purchase
price in case the deal is consummated.
Clerk Goad held that the fec to be
paid to the state in recording these
papers should be the same rs though
they passed title, while Stcarues tender
ed only the clerks fee and the tax re-
quired upon the sums paid for the
options. Under the terms, as fixed by
the clerk, the fees would have amount
ed in all to S1GG. so, while the court, in
its order, holds that the total which
should DC paid is Sc, or 81. % for clerk S
fee on each paper and 30 cents and So
tax, respectively, on the sums paid for
the options.
In IL nrn
w. d. Cardwell, for the petitioner, and
by Acknowledgement Samuel w. Will
lams, for the clerk, and consequently
for the commonwealth.
In the Richmond case, styled Charles
O. Savillc against William w. Round
tree, 81 was in question. This was
made q test case under ruling Of the
auditor and the encouragement in
which they construed the law as requir-
ing the payment OF 81 as state fee on
deeds in which the consideration was
less than 81 900, and 10 cents on each
$1C0 OF the entire sum when it exceed
cd 81 900 Mr. Roundtree, who offer
cd the test deed for recordation, claimed
that the 10 cents OH the 500 applied
only to that part of the consideration
which exceeded $1,000. The latter
view the court upholds by refusing a
writ Of error.
Mary Lee Benct and Charles Thomas
Herndon asked for an appeal from a
decision of the Chanccry Court OF the
city OF Richmond, whereby certain
lands we're ordered to be sold belonging
TO the Ford estate The decree COM
planned Of was rendered in the causes
Of Mary Lucy Ford against a. J. Ford
trustee; Stuart Ford against Al. Ford,
trustee; Estelle Madeline Ford against
Charles Thomas Herndon and others,
and Mary Lee Benet against Florence
NJ. Quincy and others.
Under this ruling it was required that
certain lands in York county be sold,
and Henry c. Rely, the special COM
missioner, recommends that they be
sold to the Investment corporation,
which desires to manufacture cement.
1t is claimed that the. price OF $50 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 industries
in the vicinity.
According to the commissioners re-
port the land is OF little real value, as
there is no mari, and the corporation
desires to erect on the property build
ings for its employees, who are engaged
in the operations in the vicinity. The
sum OF =, 900 has accumulated on it
in taxes, and it is believed the sale is =
judicious one. This view is apparently
upheld by the court, and the land will
be sold.
The Washington Southern Railway
secured q writ Of error from iudg-
ment in the Circuit Court OF Alexan-
dria county against it in favor Of Rob-
crt H. Cox, sergeant and administrator
OF Sllas H. Grove, deceased. Grove was
brakeman, who was killed in an acct
dent in the Potomac Yards on January
%, 1909. 1t is stated that never be-
fore had there been collision in the
yard, and that only one defective car
had been Gerailed.
The plaintiff claimed that the rail
road company was guilty OF negligence,
while the latter says that not only was
Groves disobedience OF orders the
cause OF his death, but that, in fact,
had he been at his post he would have
prevented the accident entirely. The
| jury gave verdict for IS, 600 damages,
which will now be reviewed by the
higher court.