The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1824-04-06
7rIncfNft-Afa Superior Court d

' ChaHcefy hslaep.=t tie town Of Lynch
barg. On IL. IN d. oil aotcn.ber, lszsi--
Robert & scott pit
against
Dudley Jones, Milton Bennett, Thomas d
Bennett. Lewis Bennett, Dureas M8otmHn
Thomas Maormnn George Martin and Iii
'zaheth his wife, John Fowler aid tariia b
i,,ile, William shsW aud Patsy ms IS lie, How
t..r1 Martin End I.aee his wife, John Nchb
t.eai.r1 Alrff,, efh tor ihomas June, An
seln Ciurh son aad Mildred bls wife jaime
MnriiG, ; phn Burton, tte9rge Ite, fhare
Mnudy, 1homas g.. WIT. Martha 6oodr
Gdei Bari sdalri Moses Preston and Job
Gurnier delis.
Aud
Robert e. Scott pc.
against
oliver McReynolds, sheriff of The county
o. Campbell, Gabriel I Scott, Nilian, Wal
Ter scoti and William rcHdleton dcis.
on the motion OF the plaintiff in the hfsl
suit, by connstl, Ia reinslaie the injunction
awarded him therein on the twenty fourth
dnY Of May, one thousand eight hundred aud
twenty two, which stands dissolved by the
non performance of the conditions Of The or
der Of the twenty third dry Of May last, ~
relation thereto, aud on the motion ol the
defendant Oliver McfeynodS, IN the second
sui, by counsel io dissolve the injunction n
/ wnrded The plaintiff IN thal suit On the twenty
third day Of May, one thousand eight hun
dred aud twenty two, tue court, on eonside-
ration thereof, aud OF the bills answers, eA-
bibiis aud examinations OF Witnesses. rs we'll
rs The record OF the proceedings IN this court
of the cnse OF Charlie Mandy against Robert
{ Scott and others, ~ OF The report oil Com
missioner BCnagh, made III pursuance al thu
said order of the iNeuty-third day al May
last, with exceptions thereto by The plaintiff,
and after hearing counsel III opposition TO the
/ motions, being OF opinion that IT IS competent
to the plaintiff Robert { Scott 10 convey as
good title 10 The heirs OF 1homas JgBes,
deed 10 the land in the proceedings men
toned, whcreon lie resides, containing two
hundred aud two acres, more or less, rs he
derived irnm them, any supposed lien 10y VIZ
tue of The execution of capias ad sat'sinc len
dun IN the name OF Charles Mundy, assignee
OF James bennington, against the SAID ltober
{ scott IN the proceedings also mentioned
10 the contrary Notwithstanding and disaf
proving so much Of the report al the commits
ioner rs may conflict with what iolIoWclh
doth order, that the Injunction awarded the
plaintiff in the hrst suit, rs aforesaid, on the
, twenty fourth day Of Ney, one thousand clgli
hundred aud twenty two, be rsinstatod, upon
these conditions: that the plalnu1 shall
within thirty days from this day deliver pos
session oitha tract oi land aforesaid Whcreot
he lives, 10 those emitted thereto, agfoesbly
Ia The written articles Of agreement made and
entered into on the thirteenth day of October
eighteen hundred and twenty one, under The
hand, aud seal, Of the parties thereto sub
scribod, and flied as one of the exhibits aiore,
/ snid, marked 4 s.. thai he shall, before Com
missioner Benz gh. deliver ir sehc duic, upof
|oaih, at all hi estate, rcni or peraOnhl, vile
ther ia possession, rfmaindcr OF rcvcrson
IN his own right, or in the right oi any oihc
person, aud subscribing sneh schedule, shal
thercupon execute n proper deed OF convey
anec for all the property comprised therein
10 the marshal of his court, To lie held II
trust Try him for the use aud bcnehf Of ih'
creditors of the said Robert {. scott, accord
my so The true intent and meaning ot the dee,
Of the tenth oil Dcccmber, one thousand cigh
hundred and twenty one, made between ih
aid Robert {. Scott, Of the one part, an
Oliver McKeyuolds, sheriff of Campbell
county, ot The other part, filed rs one OF tn
! exhibits atnrr aid, marked { subject 70 an.
future order Of the couft aud thercupou III,
t court setting aside 50 much Of the or1er mad
in The second suit on 3lst October, 1922, n
conflicts with what folloWciit, doth order tina
the said Commissioner state the several claim
against the said Robert {. scott, for Whic!
he stood charged IN execution, on the SAT-
tenth of December, eighteen hundred ant
twenty one. Is we'll rs every other claim n
saust BIN at that time, as also the claims o
bhbrlcl !. scott and w imam NdUtf Scott Al
Ter due notice for that purpose and report thu
anne IL the court with any matters specially
stated thought pertinent by himself or reYul
red by The prricS To he 50 stated and til,
, court doth further order that unless the sal,
Robert L. Scott shall well aud truly, within
the time allowed him AS aforesaid, perform
the conditions aforesaid, the injunction HNar
ded him in the second suit ON the twenty
third day OF May, one thousand eight hun
dfed and twenty two, us aforesaid, shall also
stand dissolved as an act Of this day and The
court doth further oltier, thai il the said lto
bert {. scott shall attempt in amy mnnaCr I,
remove the whole or any part 81 IN, persona
estate bound by the liep o. lis creditors, ac
cordiue to the true intent and meaning OF tn
said deed of the tenth OF December, eighteen
hundred and tweniy-unc, and OF the act IL
such cases made aud provided, for lhe Ielie
OF insolyent debtors, that the marshal of This
court do thercupon take possession OF the
same, and hold it, subject 10 the future order
of the court, univss the snid Robert {. Scott
Will give bond with sufficient security for that
purpose, in penalty equal Ia double the va
lee of the said property and the court doth
further order that the said commissioner do
also take an account OF the rents aud profits
Of the tract OF land aforesaid, from the date
Of the articles ot agreement elorc said, to the
time When Che possession thereof shall he de
| Iiyered rs aforesaid, anu repor, the same also
to the court, with any matters specially statod
thought pertinent by himself, or required by
the parties to be - stated.
a copy--Ieste,
JOHN WILLS, {. {.
CoMNlssIoNru's OTT1CF }