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DECISIONS OF CASES IN VIRGINIA
HIGH COURT OF CHANCERY,
WITH REMARKS UPON DECREES BY THE
COURT OF APPEALS REVERSING SOME OF THOSE DECISIONS,
BY GEO. WYTHE,
Chancellor of said Court.
A Memoir of the Author, Analysis of the Cases, and an Index,
BY B. B. MINOR, L. B.
An Appendix, containing References to Cases in Pari Materia, an Essay on Lapse,
Joint Tenants and Tenants in Common,
&c. &c. &c.
8vo. 478 pages.
Judge LOMAX, in the second edition of his Digest, (vol. 1, p. 613, note *,) says:
“See, in the Appendix to Minor's edition of Wythe's Reports, a most learned and elaborate consideration of the origin, and nature, and principles of the doctrine of survivorship in joint-tenancy, and the extent to which, unrepealed by the Virginia statutes, it remains still applicable in practice, by Wm. Green, Esq. of the Virginia Bar.” Other notices of the same Appendix occur ibid. 432, note 6;—527, note *;536, text and note.
“This Appendix, from the pen of Wm. Green, Esq. of Culpeper, contains, among other useful essays, a learned, elaborate, and thorough discussion of the subject of foreclosure of mortgages in Virginia."-Sands' Suit in Equity, 493.
Chief-Justice TAYLOR, in Orr's heirs v. Irwin's heirs and devisees, 2 Carolina Law Repository 465, delivering the opinion of the Court, says:
“ To these [English] cases may be added a decision made by the late Chancellor Wythe, in Virginia, which may be cited as equal in point of authority, if not superior, to any of the British decisions, from the luminous and conclusive reasoning on which that upright and truly estimable Judge founds it-clarum et venerabile nomen." He then makes an extract of several pages consecutively, from the report of Farley v. Skipper, in Wythe, (1st edition,) 135, (2d edition,) 254; and concludes his opinion in these words: “We have transcribed thus largely from the work of the Chancellor, because it is not in every library, and the discussion of the question, which is new in this court, being the most able and copious we have anywhere met with, cannot fail to be instructive to the student, and acceptable to the practitioner, who will both be disposed to allow that the excellence of the matter attones for the length of the extract."