Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-04-07
United States Court, fifth CIRCUIT and
Virginia District.

NOVEMBER 1EaM, 1905
John MIver, assignee of josiah watson, \
plaintiH-sgslnst
Bird, Savage and Bird, James Watson, 9
John Watson, Jun. James Taylor aid 5
Richard M Scott, defendants.
TNHIS cause was this day heard OH the bill,
A answers, replcaticns thereto, exkllils,
and the proceedings In tie suit lately cepende
Ing in this court, between Robert Bird, against
Josiah Watson and John Love, aRd was arsue
cd by counsel. On consideration whereof the
court not now deciding on the respective
claims Of the parties 10 the lands in the pre-
seedlings mcntionedb Goth adjudge, order and
decree. that the marshal Of tbs district or
one Of his lawful deputies, after having al
vfrtised the time and place Of such sale Tor
Eve weeks successfully In one or more news
eaperS printed in the town of Alexandria and
City Of Washington do expose to sale, at
public auction, the tract OF land N the pro-
esedings mentioned, called EAc1fa'1e, either
5altogether or in parcels as the parties 11sy a.
gree CT in csse OF their disagreement, III the
way be may think will most enhance theprice
thereof, upon the following terms, to Wit
One-hfth part Of the purchase money agreed
toebc paid therefor, to be IN cash, and the ba-
lance in four equal annual payments, bearing
.interest from the. date ii not pmcually Paid,
taxing bonds with sufficient securities from
the purchaser or purchasers, payable to the
marshal. for the use OF such Of the parties to
this ssle, and the sale aforesaid, as may here
aftar be adiudged entitled thereto, and retain
iap tie title TO tie said lands as security Tor
1.-The payment CT tie said annual instalments;
End in ca:q default be made in the said pay
rnents, or eitacr Of them that shall fall due,
that the taid tract OF land, the lot or lots for
which the payments Shall not have been made
according to the tenor OF the sale, be set up
= FOR public sale by sAe marshal, for ready mo-
hey, sitter the time and place Of sachsale shall
have been advcrtisedin manner as aforesaid
and the proceeds Of sale to be applied to the
discharge of the sums remaining due Oh the
purchase of the said tract of land, Or the lot
or lets so to be sold, and tho surplus, If any.
so be paid to the original purchaser. And If
tho parties shall prefer the said tracts OF land
beiix sold in two or more lots, or the marshal
!. or his deputy who may act, shall be OF epini-
|. Oh in case their disagreement, that the va
; lue CT the said tract Of land will be enhanced
ishy division thereof the court doth direct
THAT lie have the same divided into as many
lots as the parties shall agree on, or lie think
best, By the surveyor ofthe county of Iauqui-
ver, and sell the same so divided, and that he
bring the said bonds and pay the money SO to
sbe received in cash at the sale, after hay
ling betrayed the expenses thereof and Of
sthe division if any shall be made into court,
subject to its future order, and the marshal is
directed to report hisProceedings to the court;
and the court doth further order, and decree,
that the defendants, trustees for Mrs. Watson,
be permitted to reap and carry off the now
growing crop from the saiG lands, and that the
marshal sell the.ssme, subjectto that priv
lege, and this is to be without prejudice to any
suit that Robert Bird, Bird, Savage and Bird,
may hereafter bring claiming the profits Of
Iethe said lands, against the said defendants
trustees as Aforesaid.
, 4 copy. Test.
VIVA MApeuAII rg:E