Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-07-25
AIarshaTs Sale of Valuable Iondg

james Jet, deceased who succeeded john lett whose
aumh'suauon upon the said esiate has been revoked,
Plaintiff,
Carter eriey....................De Defendant.
"'i" oeFetiey.'....'.s..' FtasItG,
Elizabeth Adams Marshall and william Marshall. and
inomas Marshall, infants, by John Adams, specially
assigned their guardian, John Jacsurlne and
Lucy Macsn MARSHALL, by John Amber, specially as
slgnedtseir guaI dian which said Elizabeth A. william
Thomas John J. and Lucy children and CO. heirs
William Marshall, deceased George F. Sirother Car.
,e. beseteJ, John lett late administrator Of James
Jet' deceased, Benjamin MeIshoD, administrator de
ooais non Of James JET the elder, eeoeascd Joseph
Duiahey, French Dulane,, william Jones' Mathew
Evans, Brett Randolph and Lucy 9TH Muuford
beverley their trustee, William c. Garter Chart ar
ter, John sn"o'e, Thomas Richards, wIiam Beasey,
John kogers, John Crane John CuOues Leroy Dulaney
Daniel ThIelheld, Armistead wall Lawrence BausiIe
Johr stewart be flaw of john Stewart, il. deceased
and Thomas Norman q Joseph Stewart adminisirstors
with The will annexed OF the said John art IT, dec.
Colin ana James Ross Daniel GIiunap, john Mundeii
george murray, John Snaw, James Keunady, Robert
t'gh' iaineS Greeu executor OF James Green sen
deceased. William Abbot. Peter Cook, Luke Buse, Masses
Green, Munford Beverley, Alice G. Williams the widow
aud John Lewis b. Lewis r., and Mary and John q.
Williams co heirs OF William c. williams decrassd
Charles COPELAND, and Ellis q Alan... Detendants.
Sa''e' beVeriey...... PidiatiH,
AGAINST
Byrd BeverIey.......... U,fe1aont
TIE NOtUa! Assurance Society against Fire n BuiId
ings OF The State OF Virginia.. plaintiffs,
Cater Beverley and Munford Beverley, Defendants.
SatahR Gryh.s the widOa, and Elizabeth s. Grymrs
CHILD of the said Sarah r. Giymes her next friend
.f~LQfflUS,
Carter Beverley, munferd Beverley, John Stewart,
heir at law oi John Stewart, deCeased aud Thomas
NORMAN and Joseph Stewart, administrators with The
will ANNEXED Of John Stewart decd, DeJead0nts
b5iu be'eIieS''..'.. TfdiRfiD,
Sarah H. Grymes, widow, aud Eiizsbeth S. Grymes
lniaH, ch'idien OF Philip Gymss, asceaed by tue said
Sarah her guardian, specialize assigned defend her in
TINS suit, representatives. II rhs GIynes dtcsaset
Carter Beverley, MunOrd Beverley, John Stewart heir
at law Of John ST warn dec.sstd and Thomas Nor
W he vi
2nnexedofJ"bn Stewart deceased Samuel Slaughter
Philip Ishtio"t, Isaac n. Williams. UeJeaoants
b5i" "eVeiiey.....-......... Pi4iHtip,
AGAINST
John Je,, late administrator of James JET, decreased
Benjamin MeTsh"n administrator de no o Ia,nrs
JET Tie elder deceased, Carter Beverley Charles eliza
ana Ellis & Ailan... DetradaHts.
These causes, came This day, be further ueart
On the papef ptmery read anu tie ropOr, OF lhe
missioner made IA pursuance ct me meriocutory or.
deroi the 21d OF February tSia. and argued by
Counsel On consideration hereof The CUIIl settlug
aside all orders OF sale made ia tese suits
aud 40 much Of all otbsI orders inconsistent with
what ioloweth doth .he sale aId deed made by
Philip L2htioot, the commissioned Tie defendant
Charles Eilis under the decretal order pronounced ia
the first Of the SAID sans uyoa tLr ION day of June
1905 ans u IS ordered, That III said Charles Ellis
surrender NJ Tie same to he cancelled and thai The
CLERK o' TINS COnrs deliver & hDs ms bonds
purchase money aud u'r CuaTt hginP OF opinion that
as tue mortgage from Garter Beter,eJ "a ianes Jet
was made subsequent ~ that from Carter re.
Vefiey 10 yTd Beverley, IL ought h. be postp IL
that By "a Beverley by his letter Ia Cater Beverley of
the STU OF November. 1891 was bound 10 contribute
eO
towards Tue purchase OF The tract of Land for his sister
Lacy R.nd"iuh th1t 8sTG Beverley ahen he lett Tn.
gand IN The year 1904, dd, by putting the two thou.
sand Two ha0dred ard my POUNDS sterling which
Carter Beverley bad directed T. converted III The
British nnns INTO The hands william Beverley for that
pnrDnst, property denGded hmss!i tnoreof; bnt as
II appears tha part o II subsequently paid IL dit
fereni times Byfd Beverley William Severely on
accounIof the interest due IpOn the mortgage from
Garter Beverley % Byrd Beverley aud that Carter BrVe
ley afterwards approved OF it, that Carter Beverley
ongi, to have credit Tor the sums so paid by Wa,n
Beverley, SbOuld i'm for rb
those patments amount aud that BEVERLEY
entitled to any further credit against v, I'd
on that And the Court is also of OF pion ta
ssit appears that the title OF Carer Beverley 10 the
tara tract OF Land Iu The gage from hun to Byrd
Beverley being the same tract which purchased nv
The sad Garter Beverley Of Gavin lawson has been !
evcisd, no decree for the sale tract of i.ind
can he made IA these Causes Therefore, the Court
tectag ise report o. commissioned PaIke altogether
as well as the Tst aud thd statements IN the repot
Of commissioner Ladl, aud overriding hyTd B.Terieys
exception I" tue second statement therein, aud apYrO
wing Of that statement doth adudge order and decree
thai be defendant Carter beverley, do deed
OF release 10 The said william Beverley, tie sal
several sums paid 10y the said William Beverley to the
sara ByrdseyeTie!. as mentioned IN the sas second
statement Of commissioner Lshq's Iepoft ann the
Court doth further adjudge aud decree that IN
less the detehdaus III the sec'HG suit do aHhu ten
days from the date Of this decree pay To th. said IN
Beverley or to bis counsel III these causes sixty seven
thousand 1iDe hundTed aud eleven dollars aud nfty
sigbt cents The sum apreafBgio he due to the said
ByFd Beverley, by the sad second IL con-
missioner Ladds report with interest 1T the Of .e
per cenum per anbnn upon forty .four thoDsda fur
pa. "e'e"' ,,Tm tHe hist Gay OF Jan"@1y, 1919. uil
payment. and hs costs IN all the said SUITS uniess
the dsfenia eater Beverley, do within The ten
oa)s 'nH 'hs dS'e 81 tbs Grciee, pay int" the FaT-
mriy EaHs NJ Virginia. % ihe sTtd of tire of the
sac s"s, i've thousand $50 bnsofed aud seventeen |
o0fsaG 'tr crDts the SUN seariig by ihs report
Of commits loneg LAID to be due lie estate Of the
'si9 James Jet deceaSed, "ih interest," afer the Tsie
oi SIS e' cebt"h pei annun npou hvc thousand !
huhctei aud fonr collars enly ve cents raj thereof
Tom The said bTst day ~ Jalnary. 1919 tili payment
and The the and Of The
a i tlp
sha Ot he fredericksburg Dstfict. DO after having
advertised the TINE and place of Gale ,or nine sect
suceetsNvlJ IN such reaGps yetS beay think pro-
per- I" sell az pubic auction ppan rredli, Us consent,
from the do Of sale Of oee NON bS TO half Of
Tue pulchat mnHoy, aua Il two years az 20 The bal
ance, The purchaser giving bond aud security aud
deed ~ trpst upon he lands secure the purchase
neney, the gi Tract of Land the deed ~ mortgage
rom Garter Bever ey 20 BJTd Beverly, among the
btbs IN The ~ Tire said suits menu med 81 he
ING ali tue 1ncs comprised In the deed " mortgage
rom hesaid Carter Beverley to James Jet, among the
exhibits ana " the rett pforeeds Of the should
not be sufficient 10 pay The said several Of sixty
se'eh thousand nine hundred and eleven dollars aud
hhy eight cents, apd Of ve Thousand hundred and
seventeen dolias twenty-five cents, with the
aud aforesaid then all that tract Of Land sold y
Garter Beverley TO MnnfoTd Beverley as by indenture
among the exhibits, ~ being part NJ the second
Of LaBd comprised IN the said deed sf mortgage from
Carer Beverley TO Byrd Beverley.
Mud 1.-THE nett proceeds Of both those sales shall be
ssHheieu to pay ihe said several Sums Of sky
hsn'and mne buhdred and eleven dollars and 6fy eight
ctLn, ana Bve tbnns aud two hundred aud sgvCnteeH
dollars and twenty-five cents, with the interest and cosis
tbf Fesuue OF the lS1ldb pfS~d
The said deed Of age from Carter Beverley Bytd
Beverley, aud that be ont 81 The nett proceeds Of the
sald safe, hfsi pay to The said Byrd Beverley his
counsel in these eau ses The said sam Of sixty seven
thousand nine hHndft and clever doasand Nifty eight
GEMS With interest IN his costs Aforesaid aud that
ne pay the balance nl The fsimefs Bank af Virginia
snblecito the tnure 'de ofibe Court, and The sad
byrd beverley or his 3unsel in these causes he
II liberty bid At the said sales 20 the smennt the
ifid Bpd BeveTley's claims Aforesaid, or any par, /
thefeo without beng Obliged TO give security for tb
purchase money Aud ihe parties agree, that these