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 The Supreme Court of Appeals of Virginia.

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of Augusta in 1818-20 and in 1841-42 in bar often displayed wonderful versatility of the General Assembly of Virginia. On the talent. He would instruct and convince the first occasion he was elected during his court by his logic, and often delight all who absence by a spontaneous uprising of the heard him by brilliant sallies of wit, keen repartee, scorching denunciation of fraud people, who did not wait to ask for his con sent to serve. During his second term of and injustice, splendid declamation, and melt service, and within a few weeks after he took ing pathos. One of his most wonderful his seat in the Legislature, he was elected to achievements at the bar is recorded in 9 Leigh, 434. He appealed, and rested on

fill a place on the bench of the Court of Ap his petition for his peals. He was a brief in the Supreme member of the great Court of Appeals, un Constitutional Con supported by any ar vention of 1829-30. gument. Four out of At the bar he was the five judges decided able, eloquent, and the case against him. skilful. In the early After several days he years of the century asked for a rehearing, the Staunton Bar was and it was granted; one of the ablest in and on the rehearing the Commonwealth, as the court reversed it it yet is. self by a vote of four At that early day its four most distin to one! But his fame rests ' guished members were upon his ten years' ser Chapman Johnson, vice upon the Supreme Daniel Sheffey, John Bench. He deter H. Peyton, and Briscoe mined that whenever a G. Baldwin. In every cause came before the important civil cause these gentlemen were court in which ques tions were presented arrayed — two and two — against each other; where the law was ob and it was an intellect scure from conflicting JOHN J. ALLEN. ual treatofahighorder, decisions, he would en to witness the forensic deavor to sift the mat contests of these giants in their profession. ter thoroughly so as to ascertain the true These tilts were always characterized by the principles which should govern in all such highest courtesy. Judge Baldwin possessed cases. He carried this purpose into effect in great and varied intellectual powers, which the cases of Taylor's Devisees v, Burnsides, had been developed by careful and thorough i Gratt. 169. and Overton's Heirs v. Davison, culture. He was not only a learned lawyer i Gratt. 217, on the doctrine in reference but an accomplished scholar, and he always to real estate, — law of adversary possession; found time to keep abreast with the literature and in the famous case of Davis v. Turner, of the day. He had quick and keen percep 4 Gratt. 422, he examined and repudiated tions; a rich and poetic imagination, and the doctrine of fraud per se, deciding that tender sensibilities, which always brought retaining possession of personal property him into close sympathy with the suffering by the vendor after an absolute sale is only and oppressed. His great efforts at the prima facie fraudulent, and allowing such