The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-07-18
July II
the s,auoton chancery Dis

" IRClNlA-In the Staunton Chancery Dis
v -trict Court. the 28th day of Nov. 1893.
Between Samuel w. Barrett, plaintiff, L VIM
Hyiton, sen. VIM. Hylton, jr Mehe,ible Camp
bell, George Lawrance, Luke Herman, &c def>ts
Between Daniel L. Hylton and WIN. Foushee,
fif'fs. and Samuel Werdon Barrett, VIM. Hylton
sen. and Miles King, del 'fs.
These causes came ON together this 28th day
of Nov. in the year of our lord 1903, to be heard
on the bill, answefa and exhibits in the original
cause, and the, bill, answer of the defendant
King, and the proceedings had against Samuel
w. Barrett and VIM. Hyiton, as absent defen.
dants in the cross bill, and upon the report of
Commissioners Hay, IL which there IS no exeep-
Whereupon, it appearing to the court, tsat
the plaintiffs have duly proceeded by publication
according to the rules of the court, against the
first defendants, and they still falling to appear &
fiie their answers, the said cross bill is taken,
confessed against them and; 1t: further appear
ing to the court from the exhibits and reports of
master commissioner Hay, as aforesaid, that the
defendant, WIN. Hylton, il Justly indebted to- the
defendant King, and to theplaintis in she follow
ing sums, to Wit: To the defendant Miles King,
the sum of Is 1881 6s. with per cent interest
on Is 1925 los: part thereoffrom the l4th day of
July, 1903 until paid :, to the plaintiff VIM Fou.
shee, the sum of 1865 lbs. Gid. with per cent
interest on K 1000 l0s Gid part the reof from dhe
said 18th day OF July, 1903, until paid; and to
tue plaintiff, Dan1 l.. Hylton, the sum OF T. 1899
u.s. Al. with per cent interest on & 564 Is. Ill
part thereof from the said 18th day Of July, 1903
until paid and the court being of opinion, that
these debts are justly chargeable on the Rich
Neck Estate--Thercfore, without pronowncing at
tins time any decree on the merits of the questi-
| on made by the original bill between the plain
Tiff Barrett, and the defendant VIVA. hylton, it is
! adjudgod, ordered and decreed that the tlefen-
dant VIM. HYlton, dp pay unto the said King,
Foushee; and Daniel L. Hylton, respectively, the
said several sums of money with interest, and on
the payment thereof, it Is further adjudged, Or
| dered and decrced, that the said Miles King
VIM. Foushee, and Daniel l.. Hylton, do execute
sufficient deed OF conveyance for the said Rich
Neck Estate, to the said WIN. Hylton, and depo-
SIT the same in this court, subject its future
der, and unless the said Vim. Hylton shall pay
the said several sums Of money with interest as a.
foresaid, to said King, Foushee and Daniel l.,
Hylton, or the defendant Barrett. shall pay the
same for him, on or before the first day ofFebru-
airy next, then it is further adjudged, ordered &.
decreed, that Robt Saunders, Robt. Greenhow,
OF Williamsburg, and Robert Nelson, of York,
be arpoin ted commissioners, any two or,more of
when may act, who arc hereby authorised and
required, after duly advertising the time 8. place
of sale for six weeks in some news paper publish
ed in the city of Richmond, 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
L. ",
| together with the Mills and appurtenances there
TO belonging, called the Rich Neck Estate, men.
toned in the proceedings in this cause, and lying
II the county of Warwick and out ofthe pro-
cceds ct said sale, after defraying the costs and
Charges attending the same, the said Commits
sioners are directed to pay in the first place, To
! the said Miles King the above said sum of G295,,
o.. with interest on apart thereof aforesaid ;
and next pay to the plaintiffs FOushee and DAM
Ell l.. Hyiton, the respective sums above men,
| toned, to wit, to Daniel l.. Hylton, the sum of
1888, lbs, 4h with interest ON part thereof, as
! aforesaid {; aud to William Foushee, the sum of
| Is 1868, 1os, 9id, wivh interest also on 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.
II the commissioners proceed to make sale under
tins Decree, during the continuance of an Act Of
Assembly concerning the sale Of property under
executions and incumbraRces 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, it 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
| made parties To the said cross bill, and they are
hereby required, on service ola copy OF this or.
der, to adjust and state their respective claims
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. Tfste,
HENRY =. PE1'ToN, C. c.
In pursuance oftbe foregoing decree, we shall
proceed TO sell the Land with the Mills and APP
| purtenances called the Rich Neck Estate, con.
tanning 1900 acres of valuable Timbered Land,
OF the best White Oak for ship building, with a