The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1824-04-23

my OF May, one lhs1sslee1sht hundred and
twenty two, which stands dissolved by the
non performance of the conditions of the or
der of the twenty third day OF May last in
relation thereto, and on the motion of the
defendant Oliver Mclteynods, in the second
suit, by counsel, 10 dissolve the injunction a.
warded the plaintiff in that snii ON the twenty
third day of May, one thousand eight hum
dred and twenty two, the court, on conside-
ration thereof and OF the bills, answers, ex-
hibIts and examinations of Witnesses, as well
as the record oil the proceedings in this court
OF the case ol Charles Mundy against Robert
{. Scott and others, AS OF the report ot Com
missioner benagh, made in pursuance of the
said order of the twenty-third day OF May
last, with exceptions thereto by the plaintiff,
and after hearing counsel in opposition to the
mo ions, being OF opinion that ii Is competent
10 the plaintiff Robert {. Scott to convey as
good title to the heirs OF Thomas Jones,
deed. to the land in the proceedings men
toned, whereon he resides, containing two
hundred and two acres, more or less, as he
derived from them, any supposed lien by vir'
tue Of the execution of capas ad satisfaction
dun in the name of Charles .Mundy, assignee
OF James Huntington, against the said Robert
Scott, in the proceedings also mentioned,
TO the contrary notwithstanding and disap-
sioner as may conflict with what tolloweth,
doth order, that the injunction awarded the
plaintiff in the first suit, as aforesaid, on the
twenty fourth day of May, one thousand eight
hundred and twenty two, be reinstated, upon
these conditions; that the plaintiff shall,
within thirty days from this day deliver pos.
session of the tract OF land aforesaid whercOn
he lives, 10 those entitled thereto, ngreeHbly
to the written articles OF agreement made and
entered into on the thirteenth day of October,
eighteen hundred aud twenty ole, under the
hands and seals of the parties thereto sub
scribed, and filed rs one of the exhibits atore-
said, marked A; that he shall, before Com
missioner Benagh, deliver in schedule, upon
oath, of all his estute, real or personal, whe-
ther in possession, remainder or reverson,
in his own right, or III the right of any other
person, aud subscribing such sche dule, shall
thereupon execute proper deed of convey
anCe tor all the property comprised therein,
to the marshal of this court, To be held in
trust by him for the use and benefit of the
creditors of the said Robert {. Scott, accord
ing to the true intent and meaning OF the deed
of the tenth of December, one thousand eight
hundred and twenty one, made between the
said Robert c. Scott, of the one part, and
Oliver McReynods, sheriff of Campbell
county, OF the other part, filed as one ii the
exhibits aforesaid, marked c, subject to any
future order OF the court and thereupon the
court setting aside SO much OF the order made
an the second suit on 3lst October, 1922, as
conflicts with what followeth, doth order that
ahe said Commissioner state the several claims
against the said Robert G.. Scott, for which
he stood charged in execution, on the said
tenth of December, eighteen hundred aud
twenty one, rs we'll as every other claim
gainst him at that time, as also the claims of
Gabr e. l. Scott and William Waller Scott, at.
ter due notice for that purpose, and report the
same to the court with any matters specially
stated thought pertinent by himself or requ-
red by the prrtieS to be so Stnted and the
court doth further order that unless the said
Robert {. Scott shall well and truly, within
the time allowed him rs aforesaid, perform
the conditions aforesaid, the injunction awar
ded him in the second suit on the twenty
third day of May, one thousand eight bun
dred aud twenty two, rs aforesaid, shall also
stand dissolved as an act of this day andthe
court doth further order, that il the said Ro-
bert c. scott shall attempt in any manner TO
Remove the whole or any part of his personal
estate bound by the lien of his creditors, ac-
cording 10 the true intent and meaning of the
said deed OF the teuth of December, eighteen
hundred and twenty-one, and of the act in
such cases made and provided, for the relief
OF insolvent debtors, that the marshal of this
court do thereupon take possession of the
same, and hold it, subject TO the future order
OF the court, unless the said Robert c. Scott
will give bond with sufficient security for that
purpose, in penalty equal to double the va
lue of the said property and the court doth
further order that the said commissioner do
also take an account of the rents and profits
of the tract of laud aforesaid from the date
of the articles of agreement aforesaid, TO the
time when the possession thereof shall be de-
lvered AS aforesaid, anu report the same also
TO the court, with any matters specially stated
Thought pertinent by himself, or required by
the parties TO be SO stated.
copy-Teste,
JOHN WILLS, C. c.
CauMiesI Nrp'c Orp,cr