Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-01-25


At a Superior Court Of Chancery held in the
town Of Fredericksburg, on the 2Sth tlay
of May, 1924
Yeaman Smith, Plaintiff;
William Grayson, Doddridge P. Chichester
Hancock Lee, Thompson 7. Mason, Marpa.
ret McCarty, Sarah McCary, John "
McCarty, William NJ. McCarty, and Daniel
aud Ann McCarty, infants by John Stan
arl, assigned their guardian John w.
Bronaugh and Ann f. his wife: RcbertL
Taylor, and Joseph Brewer,-Defeudcats.
VNIIIS 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. McCaty, William NJ.
McCarty, and Daniel and Ann McCary 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 +. Mason, Margaret McCarty, John
W. Bronaugh and Ann +. 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 as to
the absent defendants, and the supplemental
bill is taken for confessed rs to the said de-
defendants William Grayson and Hancock
Lee, and was argued by COUNSEL On consl-
Iteration whereof, and with the assent OF
John NJ. and William NJ McCarty, by their
counsel, the Court doth adiudge, 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 plan
tiff or such persons as shall have been author
lied by him to receive the same, the sum OF
fourteen thousand two hundred and fitgsx
dollars, with interest at the rate of SIX per
centum per annum from the 10th day Of juno,
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 oil
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 inden;
ture exhibited by the complainant, bearing
date on the 9th day of November, 1917, pur,
porting to be an indenture between the saio
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 deductng from the said tract OF lana
that part which 10 charged to have been Sold
or agreed to be sold, by the said Edgar NC
Carty in his life time to Doddridge P.Chiches-
ter. and another part to the defendant Hancock
60 which residue, or so much as may be ne
cessary for the purpose, shall be sold upon
the premises, after having advertised the time
and Mace of sale for five weeks successivey
in one or more newspapers printed in the Dis
tr;ct of Columbia, and out OF the money arr
sing from such sale, after defray'ng the eS-
penses attending the same, pay to the pam
t;{f or TO such person as shall have peeh au'
thorised by him to receive the same; ne sur
Mus of the said money, or so much theIeo.
as NAV be sufficient to satisfy the said aep'
and interest; and if there be any surplus s, re-
naming, pay the said last mentioned su NJ .ne
into the Office of Discount and DEPOSIT OF NC
Farmers Bank of Virginia, at frederlcSs
burg, subject to the future order Of : t u!
Court in this cause; and make report OF ~
proceedings to the Court. But this sale IS !, !,
be made subject to the undivided interest u
the premises of the infant children OF Dame
McCarty, deceased, which they inherit iron
their uncle Thompson Mason, deceased; anS
subject also to the undivided interest whlci
Sarah McCarty, deceased, had in the prem NJ.
ses as another heir Of the said Thompson MA
son. A copy. r
Teste.-J. III. WILLIAMS, e. u u