City Of Williamsburg v. Lyell

• Decision Date: 15 June 1922
• Parties: CITY OF WILLIAMSBURG . v. LYELL.
• Court: Virginia Supreme Court

112 S.E. 666

CITY OF WILLIAMSBURG .

v.LYELL.

Supreme Court of Appeals of Virginia.

June 15, 1922.

Appeal from Circuit Court of City of Williamsburg and County of James City.

Suit by John Milton Lyell against the City of Williamsburg. Decree for complainant, and defendant appeals. Affirmed.

Ashton Dovell, of Williamsburg, for appellant

Frank Armistead, of Williamsburg, for appellee.

WEST, J. This is an appeal from a decree of the circuit court of the city of Williamsburg and county of James City, requiring the city of Williamsburg to specifically perform its covenant to renew a certain lease for a lot of land on Duke of Gloucester street in the city of Williamsburg.

The original lease was entered into on September 24, 1894, between the mayor and common council of the city of Williamsburg and J. B. C. Spencer and others, and by mesne conveyances became the property of John Milton Lyell.

The lease demised unto the grantees, their executors, administrators, and assigns, all that certain unimproved lot on the south side of Duke of Gloucester street, adjoining the Methodist Church, for the period of 25 years, next ensuing, yielding therefor the yearly sum of $15, payable on the 24th day of September of each year, and containing the following clause:

"The term of lease hereby granted being renewable at the end of the first and each succeeding term of twenty-five years at the pleasure of the said J. B. C. Spencer, R. L. Spencer and H. G. Spencer, their personal representatives and assigns."

The following are among the material facts shown in the evidence:

All the rents due under this lease have been paid. The records in the clerk's office of the circuit court of the city of Williamsburg and county of James City were destroyed by fire in 1S65, and there is no record evidence of titles beyond that date. A map of the city of Williamsburg drawn by Benjamin Bucktrout in August, 1S00, and sketch ed by Robert Lively in 1867, is hanging on the wall in the clerk's office of the city of Williamsburg, which shows that there are two blocks of land, each about the size of a city block, one on the east and the other on the west side of England street, and lying between Duke of Gloucester street and Frances street; and two blocks of land the same size on the north side of Duke of Gloucester street, said four blocks, or squares; being located near the center of the city. The lot in litigation is a part of the southwest square, as shown on said map, and has upon it a two-story frame building, the first floor of which is a storeroom and the second floor of which is divided into rooms used for residence and office purposes. England street as now located between Frances and Duke of Gloucester streets is about 100 feet west of its location as shown on said map. As England street is located on said map it would place the property now known as the Brick Hotel on the. west side of England street and place the Old Powder Horn magazine either in England street or west thereof. The western square, on the south side of Duke of Gloucester street, is designated on said map as "Market Square and Magazine, " and the eastern square on said map, on the south side of Duke of Gloucester street, is marked "Market Square." By a map in the library of the college of William and Mary labeled, "map of Williamsburg executed about 1780, not known by whom, " the two squares, on the south side of Duke of Gloucester street, above mentioned, are identically as on the map in the clerk's office, except that the western square is marked "Market Square, " and a picture of the powder magazine is sketched thereon, showing it to be right on the side of England street and with the word "Magazine" written to the side of the picture. The western portion of the southwestern square, as shown on said map, would include property now held by the First National Bank, what is known as the "Debtor's Prison, " which is owned by Annie Gait, and property that is owned by Elizabeth Henley and T. II. and C. H. Hall, all of whom claim their property in fee, though the records back to 1865 do not show the property came from the city of Williamsburg. The southwest square also has on it the Peninsular Bank, the Methodist Church, and the lot leased by W. C. Johnson now used by the city as a council chamber, the city and county jail, one-half interest in the jail lot having been conveyed to the county, the fire station, and some vacant lots now held by the city. The southwest square as it now is, with England street moved 100 feet west of its position on the map, includes ground upon which a building was once erected and used as a district' courthouse, town hall, and city lockup. Thetwo squares north of Duke of Gloucester street are what is known as the courthouse green, on which is located the courthouse now used by the city of Williamsburg and the county of James City. There is on the southeastern square the Baptist Church parsonage, the stone lot, a lot leased to banks now used by Dana as a real estate office, and a lot leased to the city school board. The original charter of the city of Williamsburg granted by King George I of England is now in the library of William and Mary and is considered in evidence.

To assist in a clear understanding of the facts in the case, the plat of the...