The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-06-27

trict Court, the 28th day of Nov. 1908.
Between Samuel w. Barrett. plaintiffs Vim.
Hy!ton, sen. VIM. Hylton, jr. Mehetible Camp
bell, George I.aw,ance, Luke Herman, &c det>ts.
t5etween Daniel L. Hy lton and VIM. Fo,shee,
pltTs. and Samuel Werdon Barrett, VIM Hylton
SEN ana Miles King, dejets
These causes came on together this 28th day
OF Nov. in the year of otlr lord 1903 to be heard
on the bill. answers and exhibits in the original
cause, and the bill, answer of the defendant
King, and the proceedings had against Samuel
w. Barrett and VIM. Iiylton, as absen, deten.
dants in the cross bill, and upon the report of
Commissioners Hay, to which there is no cxcep-
tion-Whereiipon, it appearing to the court, that
the plaintiffs have duly proceeded, by p0blic alton
according to the rules of the court against the
first defendants, and they still failing to appear &
lille their answers, the said cross bill is talcn, rs
confessed against them; and it further appear.
ing tn the court from the exhibits and rcports of
master commissioner Hay, as aforesaid, tin 1t the
defendant, WIN. Eyton, is Justly indebted TO the
defendant King, and TO the plaintiffs i'm the fellow
ing sums, tn wit To the defendant Miles King,
the sum of S 1851 IS with per cent interest
ON + --225 los. part thereoffrom the 18th day ct
July, 1903, until paid to the plaintiff VIM Fou-
slice, the sum ofE1563 lbs. Gid with S per cent
interest on Is 1000 les Gid. part thereof from the
SAID 18th day of July, 1908, until paid and TO
the plaintiff, Dan'l L. Hylton, the sum of T. IeSo
leS. ID with. per cent interest on K 664 Is lid
Fart thercoffrom the said 18th day OF Iely, 1908,
Until paid and the court being Of opinion, that
these debts are 'hstly chargeabe or The Rich
Neck Estate-Therefofe, Without pronoHucing at
this time any decree the merits of the quest.
on made by the original bill between the plain.
t5i Barrett, and the defendant WIN. Hyton it is
adiudgvd, ordered and decreed that the iefen-
Giant VIM Hylton, do pay unto the said King,
Foushce, and Daniel l.. HyltoH, respectively the
SAID several sums OF money with interest, and ON
the payment thereof, it is further adjudged, Or
dered and decreed, that the said Miles King.
VIM. Foushee, and Daniel L. Hylton, do execute
a sufficient deed of CONVEYANCE for the said Rich
Neck Estate, to the said VIM. Hylton, and depo-
SIT the same in this court subject its future or
der and unless the said WIN. Hylton shall. pay
the said several sums of money with interest as a.
toresaid, to said King, Foushee and Daniel L..
Rylton, or the defendant Barrett, shall pay the
same Tor him, on or before the first day of Febru-
airy next, then it is further adudged, ordered Z.
decreed, that Robt. Saunders, Robt. Greenhow,
OF Williamsburg, and Robert Nelson, of York
be appoiHted commissioners, any two or more os
when may act, who are hereby authorised and
required, after duly advertising the time & place
ot sale tor SIX weeks in some ne paper publish
ed in the city ofRichmond, and some, other news
paper published in the Borough of Norfolk, to
proceed to sell at Public Auction, for cash, in
such manner, either in parcels, or in whole, as
they may think best calculated to enhance the
value OF the property in the market, the Land
eoSethei Will ue iyihs aHu appuftennnCeSt there
to belonging, called the Rich Neck Estate, men,
toned In the proceedings in tins cause and lying
| in the county of Warwick and out of the pro,
ceeds of said sale, after defrayng the costs and
charges attending the same, the said Commits
soners are directed to pay in the first place, 10
the said Miles King the above said sum of E295I,
os with interest on part thereof as aforesaid
and next pay to the plaintiffs Foushee and Dani-
ell l.. Hylton, the respective sums above men
toned, to wit. to Daniel L. Hyton, the sum of
Slo38, lbs, al with interest on part thereof, as
aforesaid and TO William Foushee, the sum of
51563, 1Ss, 94G, with interest also OF a part
thereof, as aforesaid and that they retain the
residue OF the purchase money, if any, in their
hands, subject to the future order of this Court
1.-THE Commissioners proceed to make sale under
this Decree, during the continuance of an Act of
Assemble concerning the sale of property under
executions and membranes passed the first
day OF February, 1903, they are required to pro-
coed according TO the provisions OF that act, and
| not otherwise.
| And, on the motion Of the plaintiffs in the cross
BILL 1T is ordered that Humphrey Garrett, the re
preventative OF Charles Graves and William Fen
wick, the Creditors of Rich Neck Estate, men
toned in the aforesaid Commissioners report, be
msdc parties to the said s-bl, and they are
hereby required, on service of copy OF this or
der, to adjust and state their respective clairas
before Commissioner Hay, who is authorised
and required to settle and report the same to this
Court, with such matters as he may deem peril
nent, Or the parties may require.
| Copy. Teste,
HENRY s. PErTOM, C. c.