Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-01-18


At Superior Court Of Chancery held in the
town of Fredericksburg, on the 2sth day
of May, 1924
Yeaman Smith, Plaintiff,
William Grayson, Doddndge p. Chichester.
Hancock Lee, Thompson F. Mason, Marya.
ret McCarty, Sarah McCarty, John N.
McCarty, william NJ. McCarty, and Daniel
and Ann McCarty, infants by John Star.
ard, assigned their guardian; John "
Bronaugh and Ann E. his wife; Robert l.
Taylor, and Joseph Brewer,-Detadlu.
TlEiIS suit abates as to the defendant Sarah
Il McCarty. by her death-and coming on
to be heard upon the original bill, the exhi
bits and examinations of witnesses, and the
answers of the defendants William Grayson.
Hancock Lee, John N. McCaay, William NJ.
McCarty, and Daniel and Ann McCarty in.
fants, and upon the supplemental bill Of the
plaintiff, and the answers thereto of John NJ.
and William NJ. McCarty, and of the infant
defendants; and it appearing to the Court
that the plaintiff has proceeded in the mode
prescribed by law against the defendants
Thompson F. Mason, Margaret cCarty, John
w. Bronaugh and Ann E. his wife, Robert ].
Taylor and Joseph Brewer, who are out OF
this Commonwealth; and these defendants
still falling to appear and answer the original
or the supplemental bill; and il moreover APP
pearing to the Court, that the orders entered
at rules have been duly served upon the de-
PENDANTS William Grayson and Hancock Lee,
and they failing to answer the supplemental
bill, the bills are taken for confessed as to
the absent defendants, and the supplemental
bill is taken for confessed as to the said de.
defendants William Grayson and Hancock
Lee, and was argued by COUNSEL On consi-
deration Whereof and with the assent of
John N. and William NJ. McCarty, by their
counsel, the Court doth adjudge, order and
decree, that unless the defendants, or some
Of them, shall, on or before the 18th day Of
November, 1924, pay and satisfy to the plain.
tiff or such persons as shall have been author.
lied by him to receive the same, the sum Of
fourteen thousand two hundred and fifty-six
dollars, with interest at the rate of six per
centum per annum from the 10th day ofJune,
1920, until paid, the defendants and every
of them claiming title nthe land herein after
directed to be sold, shall be barred and fore
closed of all equity Of redemption and all
right and title therein derived by inheritance
or otherwise, by, from or under Edgar Nc
Carty, deceased; and in case Of default in the
payment of the said principal money and IN
terest within the time aforesaid, that then II
shall and may be lawful for the Marshal OF
this Court, who is hereby directed and EN-.
powered to act as the Commissioner Of this
Court in what followeth: to wit, to sell at
public auction, for ready money, the residue
of the tract of land described in the indeni
ture exhibited by the complainant, bearing
date on the 9Th day of November, 1877, pur-
porting to be an indenture between the said
Edgar McCarty of the first part, William Nc
Carly of the second part, and William Gray
son ofthe third part, and called Cedar Grove,
after deducting from the said tract OF land
that part which is charged to have been Sold
or agreed to be sold, by the said Edgar NC
Carty in his life time to Doddndge P.Chiches'
ter, and another part to the defendant Hancock
Lee, which residue, or so much as may be ne
cessary for the purpose, shall be sold upon
the premises, afterhaying advertised the tune
and place of sale for FIVE weeks successlveiy
IN one OF InOrt newspapers Pihs~N 80 -
trict of Columbia, and out OF the money arr
sing from such sale, after defraylng the ex'
penses attending the same, pay to the PLAIN
tiff, or to such person as shall have been au'
thorised by him to receive the same; the sur.
plus of the said money, or so much theIem
a. may be sufficient to satisfy the sand dep'
and interest; and if there be any surplus re-
manning. nav the said last mentioned surplus
into the Office of Discount and Deposit OF the
Farmers Bank Of Virginia, at fredercks'
burg, subject to the future order Of the
Court in this cause; and make report OF his
proceedings to the Court. But this sale is to
be made subject to the undivided ipterest IN
the premises of the infant children OF Dsnei
McCarty, deceased, which they inherit ron
their uncle Thompson Mason, deceasedi ana
subject also to the undivided interest which
Sarah McCarty, deceased, had in the preml-
ses AZ another heir of the said Thompson Ma
son. A copy.