Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-01-20

VInol1Ni<hs
At Superior Court of Chancery held in the
, town of Fredericksburg, OH the 2Sth day
of Nav, 1924
Yeaman Smith, Plaintiff
William Grayson, Doddrdge P. Chichester,
Hancock Lee, Thompson F. Mason, Marga-
ret McCarty, Sarah McCarty, John M
McCarty, William NJ. McCarty, and Daniel
and Ann McCarty, infants by John Stan.
ard, assigned their guardian; John W.
Bronaugh and Ann E. his wife, Robert I.
Taylor, and Joseph Brewer,-Dettndants.
VTyHIS 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 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 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 r. 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 falling 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 de.
PENDANTS William Grayson and Hancock Lee,
and they failing to answer the supplemental
bill, the bills are taken for confessed IS 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 Vi. McCarty, by their
counsel, the Court doth adludge, order and
decree, that unless the defendants, or some
of them, shall, on or before the 28th day CT
November 1924, pay and satisfy TO theplan-
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 lof 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
payment of the said principal money ant IN.
terest within the time aforesaid, that then It
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, 1917 pun;
porting to be an indenture between the saio
Edgar McCarty of the first part, William NC
Carty of the second part, and William Gray
son Of the third part, and called Cedar Srove,
after deductng from the said tract OF lah'
that part which is charged 10 have been 500
or agreed to be sold, by the said Edgar NC
Carty in his life time to Doddridge ? .Chche;'
ter. and another part to the defendant Hancock
90. which residue. or so much as may be ne
cessary for the purpose. shall be sold upon
the uremises, aftcrhaying advertised the tme
and place of sale for FIVE weeks successiveiy
in one or more newspapers printed IN the DIS.
tr;ct of Columbia, and out Of the money an
sing from such sale, after defraylng the Eek sn-
penses attending the same, pay 10 tne PiA'm
Tiff, or to such person as shall have been an
thorised by him to receive the same; inc su
plus of the said money, or 50 much tnee =.
as NAV be sufficient 10 satisfy the said deo'
and interest; and if there be any surplus re-
naming. paw the said last mentioned surplus
into the Office of Discount and Deposit OF the
Farmers Bank Of Virginia, at frederess
burg, subject to the future order OF tne
Court in this cause; and make report Of NJ
proceedings to the Court. But this sale is t. !.
be made subject to the undivided interest u
the premises Of the infant children OF Dame
McCarty, deceased, which they inherit from ron
| their uncle Thompson Mason, deceased; ,h ant
subject also to the undivided interest winci
Sarah McCarty, deceased, had in the prem
SEES as another heir Of the said Thompson Ma
| son. A copy. n
Teste.-j. ii. WILLIAMS, c. e.