Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-04-09
United States Court, fifth Circuit and
Virginia District.

Virginia DlStIlCI. Z. ~
-NovEMBEa TgRM, 1906.
John MsIver, assignee OF josiah Watson, !.
plainti against asl ~.
Bird, Sava9e and Bird, James Watson, : 8
John Watson, jun James Taylor and
IS Richard M. Scott, defendants.
TyHIS cause was this day heard on the bill,
answers. replications thersto, exhibits,
and the proceedings IN the suit lately depend
ing in this court, between Robert Bird, against
Josiah Watson and John Love, ard was argyll
ed by counsel Reconsideration whereof the
court not now deciding ON the respective
claims OF the parties to the lands IN the pro-
ccedings mentioned, doth adludge, order and
decree. that the marshal OF this district, or.
one of his lawful deputies, tafter having adj
vertised the time, and place Of such sale for
five weeks successfully in one or more ne VS.
paper. printed in the town Of AleSarslia and
city of. Nashingtonl do expose TO ssle, at
public auction,s the tract of land IL. the pres
sceeeIings mentioned, called PAcklQtsd, either.
altogether or ii parcels IS the parties may a.
gree; or in cass Ct thsir disagreement, in the
way he may think Will most enhance the price
thereof upon tie following terms, to Wit
One-hfth part OF the purchase money agreed
to be paid therefor, 10 be in cash, aid the ba-
lance in four equal annual payments, bearing
interest from the date if rot punctually pad,
taking bonds with sufficient securities from
the purchaser or purchasers, payable to the
marshal. for the use of such OF the parties to-
this sale, and the sale aforesaid, ss may here
after lie. adiudged entitled thereto, and retain
Ing the title to the said llnds as security for
the payment OF. tho said annual IhstalmeIlts;
and In case default be made in the said pay
ments, or either Of them that shall fall due,
that the said tract of land, or the lot or lots for
which the payments sisil not have been made
according to the terror OF the sale, be set up
forpublic sale by the isaarEhal, tor ready mo-
ney, after the time and place OF such sale shall
have been advertised IN lnallner as aforesaid
and the proceeds Of sale to be applied TO the
discharge of tie sums remaining due on the
purchase ofgthe said tract OF land, or the lot
orIoss soto be sold, and the surplus, II any,
to be paid to the original purchaser. And if
the parties shall prefer the SAID tracts OF land
being sold in two or more lots, or the marshal
or lis deputy WHO may act, shall be OF opini-
on in case of their disagreement, that the va
Iue Of the said tract Of land will be enhanced
BY division thereof, the court doth direct
that he have the same divided into as many
lots as the parties shall agree on, or he thank
best, by the surveyor ofthe county Of Fauqui-
er, and sell the same SO divided, and that he;
bring the said bonds and pay the money 50 to
be received In cash at the sale, after haf-
ing betrayed the expenses thereof and of
the division if any shall be made into court,
subject toits future order, and the marshal is
directed to report his proceedings TO the court;
and the court doth further order and decree,
that the defendants, trustees for Mrs. Watsolls
he permitted to reap and earry off the now
growing crop from, the said lands, and that the
marshal sell the same, subject to that pl.iyi-
Iege, and this is tc be without prejudice TO any
suit that Robert Bird, Bird, Savage and Bird,
may hereafter bring. claiming the profits of
the said lands, against the said defendants
trustees as aforesaid.
A copy. est E,
VIM. MARSHALL, .cre.