1880. March Term.

Taylor & al.

"Statement of L. Nunnally.

"I have been requested to state what was the circulation or currency of the State of Virginia during the Lancas- late war with the United States. In answer thereto I ter & als. say that as soon as the Confederate government could

V.

prepare a sufficient number of their treasury notes, they became, almost exclusively, the circulation of the State. As early as the 22d March, 1862, the legislature passed an act directing said treasury notes to be receivable by sheriffs and other collecting officers, in payment of taxes and other public dues to the State. After this time the said notes were used, not only in payment of taxes, but in all current transactions, and as bankable currency in the city of Richmond, none other being in use, except a few Virginia treasury notes, and they to a very limited extent.

"L. NUNNALLY, "Late President of the Bank of the Commonwealth.”

"Statement of Benja. Pollard.

"At the request of R. T. Daniel, Esq., I hereby certify that from the commencement of the late war to its conclusion, I had charge of the chancery business of the circuit court of the city of Richmond, first as deputy clerk, and afterwards as clerk, and that during that period, from the time that Confederate money came into general use, the money transactions of the court were in Confederate money, although stated in dollars and cents, and that the fee bills of the clerk were paid in that money. I remember no instance in which any objection was made to the receipt of Confederate money under decree of the court.

"BENJA. POLLARD.

"June 23, 1871."

1880.

March

Term.

Endorsed.-"This paper, it is agreed, shall avail as much as if the testimony had been given by Mr. Pollard in a deposition after due notice, but the testimony is excepted to as illegal and incompetent. It is not Taylor admitted that such testimony is evidence in this cause for any purpose.

"STEGER & SANDS,

"Counsel for Taylor and Williams.”

And by operation of law in such cases made and provided, the said suits were transferred to the docket of the chancery court of the city of Richmond.

And at a chancery court of the city of Richmond, held on the 20th day of January, 1876, the two causes aforesaid, of Lancaster and Colquitt, plaintiffs, against Thomas W. Peers and others, defendants; and Taylor and Williams, plaintiffs, against Lancaster and Colquitt and others, defendants, came on to be heard:

Whereupon the court passing upon the whole case on the merits, so far as the said Edward Mayo and William C. Mayo are concerned, and without at this time deciding any other question in these causes except that in which said Edward and William C. Mayo are concerned, for reasons set forth in a written opinion filed in the cause and made part of the record, decreed that said amended bill be dismissed as to said defendants Edward and William C. Mayo, and that they recover of said plaintiffs, Taylor and Williams, their (the said defendants) costs in this behalf expended. From which said decree the said Taylor and Williams. applied to a judge of this court for an appeal; which was accordingly allowed.

Sands, Leake & Carter, for the appellants.

W. W. Henry, L. R. Page, Ould & Carrington, and Kean & Daris, for the appellees.

& al.

V.

Lancaster & als.

1880.

March
Term.

Taylor & al.

V.

Lancas

MONCURE, P., delivered the opinion of the court. After stating the case he proceeded:

In this case, the fund in controversy was, in August, 1859, in the hands of Robert A. Lancaster and William ter & als, D. Colquitt, trustees under a deed of trust to them from William H. Ellis and Thomas W. Peers and wife, bearing date the first day of November, 1852, executed to secure the payment of a large debt due by the said Ellis & Peers for the purchase of a tract of land conveyed by the said deed, which debt, or the greater part of it, was payable in many deferred instalments. After satisfying the purposes of said deed of trust, it was known that there would be quite a large surplus of the trust fund which would be subject to the claims of other creditors, under subsequent deeds of trust or otherwise, which claims, to some extent, appeared to be doubtful and conflicting. And the said trustees, Lancaster & Colquitt, not knowing who, certainly, was entitled to the said fund, and in what proportions; and wishing to dispose of it with safety to themselves and according to the respective rights of all persons concerned, instituted this suit (in August, 1859,) for the purpose of paying the said fund into court, and convening before it all persons concerned, and having the matter settled under the direction of the court. They accordingly made all persons then known to have any claim to the said fund defendants to their suit, who were very numerous, and prayed in their bill, among other things, that an order might be made for the payment of the residue remaining in their hands as aforesaid into "one of the banks in the city of Richmond, to the credit of this cause, subject to the future order or decree of this court in the premises; that such other person or persons as shall be discovered to be interested in the question of the disposition of the said fund, be

1880. March Term.

& al.

V.

made defendants to the suit, and required to set forth their interests; that all proper enquiries and accounts shall be decreed to be made and settled; that the plaintiffs shall be protected against costs and risk in the dis- Taylor position of the said fund; and that all questions arising concerning the rightful disposition of the said fund and the parties entitled thereto, be settled, and the said fund disposed of by the proper decree or order of this court in this suit, and that full and general relief in the premises be granted."

Accordingly, on the 21st of December, 1859, on the motion of the plaintiffs, they were authorized by a decree of the court in the said suit, to deposit the said fund in the Farmers bank of Virginia to the credit of this cause, subject to the order or decree of this court, and were required to file a certificate of such deposit with the clerk of the court.

On the 27th of December, 1859, such deposit was accordingly made, the sum deposited being $7,476.54, and a certificate of the deposit was filed in said suit.

On the 28th of January, 1860, it appearing to the court that the said sum was then on deposit in the said bank to the credit of the said cause, an order was made therein that John G. Williams (who was appointed a commissioner for the purpose) "have leave to check on said bank for said sum, and after deducting therefrom a commission of one per cent. for his services, do lend out the residue of said sum, taking from the borrower a bond with personal security, approved by one of the commissioners of this court, payable," &c., "in a penalty," &c., "and conditioned to pay into this court, interest on the sum borrowed semi-annually," &c., "and to pay the principal sum and all interest due thereon into this court, in sixty days after he shall have been served with a copy of an order or decree made herein directing the payment of the same. And

Lancas

ter &als.

1880. said commissioner is also directed to take a trust deed March Term.

& al.

on real estate, ample in value to secure the payment of said bond, the title and sufficiency of said real estate Taylor to be approved also by one of the commissioners of this court. But said John G. Williams shall not act Lancas- under this decree until he shall have entered into bond with good security," &c.

V.

ter & als.

On the 3d of March, 1860, the said commissioner Williams filed his report under said decree, to which there was no exception, on consideration whereof the same was confirmed by the court.

It is stated in said report, that the said commissioner Williams, "as directed by said decree, drew out of bank said sum of money, retained his commission, and loaned to Edward Mayo the residue, to-wit: the sum of $7,401.78, taking from him his bond with William C. Mayo as security, in the penalty of $14,803.56, conditioned as directed by the decree, with a deed of trust upon the tract of land of said Mayo in Henrico. county, near Richmond, called Bellville. The security to the bond and the deed of trust have been approved of by Commissioner R. Milton Cary, the bond is herewith returned," &c.

On the 18th day of February, 1863, the said Edward Mayo presented to the said court his petition, stating that he had borrowed the said fund on the terms aforesaid, with which he complied; and that he was then desirous to repay the said loan, and thereby discharge his surety from liability, and his real estate from encumbrance; and praying that an order be made, directing that the money due on said loan be collected and brought into court.

On the same day, and on the petition then filed by Edward Mayo as aforesaid, it was ordered by the said court, "that he pay into the Farmers bank of Virginia to the credit of this cause the sum of $7,401.18, with