Morgan v. Commonwealth. Decided at Richmond, March 15, 1900

1900 The Virginia Law Register  
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more » ... ntent at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. 342 6 VIRGINIA LAW REGISTER. [Sept., the property. It only imposes upon the lender such enquiry as is suggested by the facts which are known or disclosed in the transaction. There must be such connection between the facts known or disclosed and those to be discovered upon enquiry that the former may be said to furnish a clue to the latter. The lender is not required to enquire into the motives and purposes of the borrower in procuring the loan without the knowledge of other facts to put him upon such enquiry. In the absence of any lien, or notice of defective title, the usurious lender is not required to enquire into the source of the borrower's title. 4. TRUSTEEs-Bona fide purchaser-Fraud-Burden of proof. The trustees in a deed of trust to secure money are purchasers for value, and the burden of proving knowledge of fraud on the part of the grantor in the deed is on the party alleging it. 5. CHANCERY PLEADING AND PRACTICE-Bill charging fraud-Failure to answer. If a bill contains definite, specific and express charges of facts constituting fraud on the part of the grantee in a deed of trust, and he fails to answer it, the bill should be taken for confessed and the deed be set aside. TRUSTS AND TRUSTEES-Description of property. A deed of trust which conveys certain designated pianos and also " all pianos, organs, and all other merchandise owned by him (grantor) and temporarily stored elsewhere," is sufficient to cover the interest of the grantor in " other pianos stored elsewhere," upon which there may be prior liens. PEYTON V. PERKINSON.-Decided at Richmond, March 15, 1900.-Cardwell, J : 1. WILLS-Construction-Fee simple-Diminution by doubtful expression.s-Case in judgment. If an estate is devised by one clause of a will by clear, unambiguous and explicit words, such estate will not be diminished or destroyed by words in a subsequent clause less clear and decisive. A clearly expressed intention in one portion of the will is not to yield to a doubtful contruction in an6ther. In the case in judgment a fee simple and absolute estate was plainly given in one clause of the will and was followed by a subsequent clause declaring: "If any of my children should depart this life leaving a child or children, such child or children are to be entitled to the father or mother's share, which I hereby give them and their heirs under the provisions of this will." Held: The devisee and legatee took a fee simple in the real estate and an absolute estate in the personalty. The contingency provided for was the death of the devisee in the lifetime of the testator. MORGAN V. COMMONWEALTH.-Decided at Richmond, March 15, 1900.-Buchanan, J: 1. CRIMINAL LAw-Reveune laws-Fishing in public waters without license-Jurisdiction of county courts. Catching and taking fish in the waters of the Commonwealth without having first taken out license therefor and paid the tax required by law, is a violation of a revenue law of the State, of which class of offences county and corporation courts, police justices and justices of the peace have concurrent jurisdiction. 342 6 VIRGINIA LAW REGISTER. [Sept.,
doi:10.2307/1098852 fatcat:urplyd5hpvabhpog2fjjqbo43y