Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-01-08

Al superior CCuft vi CI1nCcry Held IN the
town of Fredericksburg, on the 2Sth day
of May, 1924
Yeaman Smith, Plaintiff,
William Grayson, Doddridge P. Chichester.
Hancock Lee, Thompson +. Mason, Margs
ret McCarty, Sarah McCTty, John "
McCarty, William n. McCarty, and Daniel
and Ann McCarty, infants by John Stan.
ard, assigned their guardian; John w
Bronaugh and Ann e. his wife; Robert l.
TAYLOR, and Joseph Brewer,-Detndlnb.
VTNTiIS suit abates as to the defendant Sarah
i 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 NJ. McCarty, William NJ
McCarty, and Daniel and Ann McCaty in.
fants, and upon the supplemental bill Of the
plaintiff, and the answers thereto of John NJ.
and William NJ. McCary, 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 McCaty, John
w. Bronaugh and Ann E. his wife, Robert ].
Taylor and Joseph Brewer, who are out DC
this Commonwealth; and these defendants
still failing to appear and answer the original
or the supplemental bill; and it moreover ap.
bearing 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 10
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-
Iteration whereof, and with the assent Of
John NJ. 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 28th 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 ffty.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 in the land herein after
directed to be sold, shall be barred and fore
closed of all equity Of redemption and all
right and title therein derivedb 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 i
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 AZ
public auction, for ready money, the residue
of the tract of land described in the linden
ture exhibited by the complainant, bearing
date on the 9Th day of November, 1917, pur.
porting to be an indenture between the sad
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
Carly in his life time to Doddrdge P .Chches-
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, afterhaving advertised the tlnie
and place of sale for FIVE weeks successlyeiy
in one or more newspapers printed in the Dis
u1Ct vi NOiulHDiitS diiu ous vi ai~ 49,
sing from such sale, after defr1ying the eA-
pcnses attending the same, pay to the Plah'
tiff, or to such person as shall have been au-
thorised by him to receive the same; inc SUI,
plus of the said money, or so much there~
as may be sufficient to satisfy the SAID aeo'
and interest; and if there be any surplus ie.
naming, pay the said last mentioned surplus
into the Office of Discount and Deposit OF the
Farmers Bank of Virginia, at iredercss-
burg, subject to the future order OF the ne
Court in this cause; and make report o. ms
proceedings to the Court. But this sale IS 70 :!
be made subject to the undivided interest " y,
the premises Of the infant Children ., D fom
their uncle Thompson Mason, deceased; and
subject also to the undivided interest which
Sarah McCarty, deceased, had in the prem MI
see as another heir Of the said Thompson MI
ann A CODY.