Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-01-13

At Superior Court of Chancery held in the
town Of Fredericksburg, on the 18th day
of May, 1924
Yeaman Smith, Plaintiff
William Grayson, Doddridge P. Chichester,
Hancock Lee, Thompson F. Mason, Marya.
ret McCmty, Sarah McCarty, John n.
McCaty, William NJ. McCaty, and Daniel
and Ann McCarty, infants by John STAN.
ard, assigned their guardian; John ".
BroDaugh and Ann F.. his wife; Robert l.
Taylor, and Joseph Brewer,--Befndnts.
VlFlIS suit abates as to the defendant Sarah
Il McCarty, by her deatli-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. 3icCarty, William ".
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 os the infant
defendants; and Il appearing to the Court
that the plaintiff has proceeded in the mode
prescribed by law against the defendants
Thompson F. Mason, Margaret McCaIty, John
w. Bronaugh and Ann f. his wife, Robert ].
Taylor and Joseph Brewer, who are out of
this Commonwealth; and these defendants
still failing to appear and answer the original
or the supplemental bill; and it moreover ap.
pearing to the Court, that the orders entered
at rules have been duly served upon the dc.
PENDANTS William Grayson and Hancock Lee,
and they falling 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.
Iteration whereof, and with the assent of
John NJ. and William NJ. McCarty, by their
counsel, the Court doth adndge, order and
decree, that unless the defendants, or some
of them, shall, on or before the 28th day Of
November, 1894, 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 derivedby 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 1t
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 linden
ture exhibited by the complainant, bearing
date on the Sth day of November, 1917, pur.
porting to be an indenture between the said
Edgar McCaty of the first part, William Nc
Carly of the second part, and William Gray
son of the 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 anotherpart tothe defendant haheo.N
Lee, which residue, or so much as may DC NJ
cessary for the purpose, shall be sold upon
the premises, aiterhaving advertised the un'e
and place of sale for five weeks successreE
in one or more newspapers printed in the DE-
trict of Columbia, and out Of the none! Ml'
sing from such sale, after defraying the eA-
penses attending the same, pay 10 inc p'. ~,
tiff, or to such person as shall have oeen ~
thoriscd by him to receive the same; W .s SUI
plus of the said money, or so much t''e IT,.
as NAV be sufficient to satisfy the said aeo'
and interest; and if there be any surplus re
naming, pay the said last mentioned surplus
into the Office of Discount and Deposit OF the
Farmers Bank of Virginia, at Frcdercks'
burg, subject to the future order Of the 3:
Court in this cause; and make report OF NJ
proceedings to the Court But this sale IS 70
be made subject to the undivided interest u
the premises Of the infant children OF Ds s."',,
their uncle Thompson Mason, deceased' ahc
subject also to the undivided interest when
Sarah McCarty, deceased, had in the preni-
SEES as another heir of the said Thompson Nh
son. A copy.
Teste.-J. ii. WILLIAMS, c. G. T.