Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-05-14
United States. Court, fifth Circuit and
Virginia District. !.

NOVEMBER TKtM, 1865
John MsIver, assignee of josiah Watson, =
plaintif-against
Bir,f. Savage and Bird, James Watson, s
John Watson, Jun. James laylor ana 5
Richard M. Scott, defendants.
T,HIS cause was this day heard on the pnl,
answers, replications thereto, exhibits,
and the proceedings III the suit lately depend
inc in this court, between Robert Bird, against
josiah Watson and John Love, ard was argu-
ed by counsel. On consideration Whereofta
court not now deciding on the respective
claims of the parties to the lands IN The pro.
ceedings mentioned, doth az judges Horder and
decree, that the marshal OF this district, OF
one of his lawful deputies, latter having ad
vertised the time and place OF such sale Tor
five weeks successfully IN one or more news
papers printed in the town of Alexandria and
CITY of Washington do expose to sale, at
public auction, the tract of land In the pro-
ceedines mentioned, called auckland, either
altogether or in parcels as the parties m$y a.
gree; or in case Of their disagreement, IN the
way he may think will most enhance the price
thereof, upon the following terms, to Wit.
One-6fth part Of the purchase money agreed
to be, paid therefor, TO be in cash, and the ba-
lance in four equal annual payments, bearing
interest from the date ii not punctuaiiy PAD,
talIins bonds with sufficient securities from
the purchaser or purchasers, payable 10 tue
marshal, for the use of such otthe parties to
this sale, and the sale aforesaid, as may here
after be adjudged entitled thereto and retain"
imp the title to the said lands As security Tor
the payment of tie said annual Instruments,
and in case default be made III the sad pay
naents, or either of them that Shall TALL cue
that the said tract of land, or the lot or lots lcf
which the payments shall not have been MADE
accordine 70 re tenor of the sale, be set up
for public sale by the marshal, Tor re4ay mo-
new, after the time and place OF such s lie snail
have been advertised in manner as aforesaid
and the proceeds of saIe,to DC applied to the
discharge of the sums remaining due on the
purchase Of the said tract OF land, CT the ioE
or lots so to be sold, and the surplus, II any,
to be paid 70 the @ original purchaser. Aad Il
the parties shall prefer the SAID tracts OF i3!a
being sold in two or more lots, or tic 1aarSllal
or his deputy who may act, shall be CT oplnl-
on In case of their disagreement, that the ya-
lue Of the said tract of land viii be enhanced
bv a division thereof, the court doth direct
that he have the same divided into as many
lots as the parties shall agree on, or Re tsllnk
best, by the surveyor ofthe county OF talGul-
err, and sell the same SO divided, and shat he
bring the said BOMBS and pay the money SO to
be received in Cash at Tic sale, alter hay
ing defrAyed the expences thereof and OF
the division if any shall be made into court,
subject to It's tuture order, and tie marshal IS
directed to report hisproceedings 10 the corr
and the court doth further order and decree,
that the defendants, trustees for Mrs. Watson,
be permitted to reap and carry of the now
growing crop from the said lands, and that the
marshal sell the same, subject 70 that pIlvi-
lege, and this is to be without prejudice &c any
suit that Robert Bird, Bird, Savage and Birs,
may hereafter bring. claiming the profits OF
the said lands, against theasaid defendants,
trustees as aforesaid.
Acepy. Test.
VIM. MARSHALL, cfF,