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

VlRGiNlA:
At a Superior Court Of Chancery held in the
town of Fredericksburg, on the 18th day
of May, 1894
Yeaman Smith, Plaintiff
William Grayson, Doddndge r. Chichester
Hancock Lee, Thompson F. Mason. Ahry,.
ret McCarty, Sarah McCarty, John N
McCarty, William n. McCarty, and Daniel
and Ann McCary, infants by John Stan.
ard, assigned their guar,liani John W.
Brunaugh and Ann +. his wife; Robert l..
Taylor, and Joseph Brewer-.DetsndOnts.
YVHIS suit abatcs 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 McCarty in.
fants, and upon the supplemental bill Of the
plaintiff, and the answers thereto of John M
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 McCarty John
w. Bronaugh and Ann E. his wife, Robert l.
TAYLOR and Joseph Brewer, who are out Of
this Commonwealth; and these defendant.
still falling to appear and answer the original
or the supplemental bill; and it moreover an.
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.
Iteration whereof, and with the assent Of
John NJ. and William nj. McCaty, by their
counsel, the Court doth adjudge, order and
decree, that unless the defendants, or some
of them, shall, on or before the 2Sth day Of
1924, pay and satisfy to thep 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.si1
dollars, with interest at the rate of six per
centum per annum from the 10th day ofJune,
1890, until paid, the defendants and every
Of them claiming title in the land herein after
directed to De 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
Carly, deceased; and in case of default in the
of the said principal money and in.
terest within the time aforesaid, that then il
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 It
public auction, for ready money, the residue
of the tract of land described in thA indens
t,lre exhibited by the complainant, bearing
date on the 9Th day of November, 1917, pur-
porting to be an indenture between the said
Edgar McCarty Of the first part, William Nc.
Carty 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 bis life time to Doddndge P .Chiche,'
Ter, and another part to- the defendant Hancock
Lee, which residue, or so much as may be ne.
,essary for the purpose, shall be sold upon
ne premises, aAerhaving advertised the tine
md place Of sale for five weeks successfully
n one or more newspapers printed in the Dis
riot of Columbia, and out of the money an.
ing from such sale, after defraying the ex.
oenses attending the same, pay to the plain
if, or to such person as shall have been au.
horised by him to receive the same; the sur,
,lus of the said money, or so much thereof
IS may be sufficient to satisfy the said debt
md interest; and if there be any surplus re-
naming, pay the said last mentioned surplus
nto the Office of Discount and Deposa OF the
Farmers Bank of Virginia, at Fredencks'
burg, subject to the future order OF the
Court in this cause; and make report Of Ms
proceedings to the Court. But this sale Is %
De made subject to the undivided interest "
he premises of the infant children Of Daniei
NcCar4y, deceased, which they inherit nom
heir uncle Thompson Mason, deceased; ana
ubject also to the undivided interest winch
sarah McCarty, deceased, had in the preml'
YES as another heir of the said Thompson Ma
,on. copy.