Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-03-13
Feb. Is

VIRGINIA.
GSgsoi in the City of Richmond the 18Th day Of June,
Joseph Rohc-r;s D,c
against
dh "sS dee Jordan" and job" Jordan" admir- Of n ss 'or-
Agrecably 10 n Decree of the Court of snneo,s .
tiled by the Clerk thereof In these worrts !" W
Sn,a TO wit: nj Court of Appeals held at the Can't
to in Richmond the 9TH tav of January 1919 IsapI
Roberts, appellant; against Reuben Jordan and IoSn
Jordan admir-. of Benjamin Jordan decd annciicns
upon an appeal from Decree pronounced by The Sur
Peror Court OF CHANGER, held i'll Ricl,monsi the Nh
day OF October, 1906, this day csne the rarties b,
thcr Counsel and the transcript the record of t,,
aeeEec aforesaid, having been matupcly considered
me court is OF opinion, that the pendency of the suit
IN the county Court of Amherst referred to in thc an
swer OF the appellee John Jordan, WIS no bar to t6
relief prayed for in the Court of Chapccr, ,,d ,h+
SAID Decree is erroneous in Diminishing the bill ho1h
because there vas notice given to the appeIlan Of
the tune and pace oftaking the account ana because
appears by report not excepted to- by the appel
1eS ina, INC appellant was entitled tn credit for two
thousand, enc hundred pounds of Tobacco fhers
to@ it 10 pecFecd and Ordered, the said Decree bc
revised and ainu!icd, and that the ais-5e, who ;s
Minr out OF the estate of his ntestae a. us hands In
DC administered, ESQ much thereof he hath but if not
men our OF ms own estate, and the other appellee, in
MS own right pay to the appellant his costs bv hin,
expended IN me prosecution Of his appeal aforesaid
heTe and It Is ordered that the cause be remandcd To
the SAID Court of Chancery, with directions TO thar
count 10 have an account taken between the parties
on due notice; and if upon such account il shall ar
pear that the representatives of Charles Irving tfcc,
have 30 clam to The debt in controversy thai tI,c IN,
Junction be made perpetual all paf mcnts maS
either 70 Reuben or BENJAMIN jordan otherwise On
" as to such sum or sums it shall appear had been
pad to Reuben Jordan, before notice Of assignment,
or 10 Benamn Jordan AFTER and which have not been
created on The bond and dissolve the iniunctions FIR
balances and iii this latter went also Decree that Re,
ben Jordan 60 pay to the appellant any sums received
ny hhIi atef notice OF the assignments 50 soon as the
appellant sllal! nave pad the amount of the i,,tfr
ment at law, or such part thereof be shall be SwaP
Ced TO pay, winch is ordered certified to the said
superior Court oil C!iaHccy Peliant's costs in the
Court OF Appeals thietJ Dollars AID ten Cents in
winch arc included sixteen Dollars and sixtysix Gents
a Lawyers 'ce.-A Copy, Tesc II Dance e. C''
I his Court doth Aslindge, Order and Decree tbat
an account be taken by of the Commissioners of
me Court agrceabiy TO the principles declared by the
Decree aforesaid, after due notice TO tic part;ce and
that such Commissioner make report thereof TO this
Court, and this Court doth further A,t,Imc Ord
and Decree that the Defendant uIro is admir- ont or
the estate OF his intestae in his hands TO be a,s,inie
tered, If SD much ercof he hath but If not tlcu nut
his own estate, and the other Defendant. in his own
rr pay to The Plainijffc costs by him in the Co,,rt
OF Appeals expended -. Cost Of Court Of AapcaTs -
So Sc.
At Rules boIdcu IN the Clerks Office Of the snne.
T;or Cnlrt of Chancery, for Tire Richmond District
the 81 day ofJanuary, 1896
SATAN Roberts and Alexander Roberts cxccurix, and
executor of JOSEPH, Roberts, decd PRS.
against
John Jordan admir- Of BENJAMIN Jordan 1sc,d ord
Bcuben Jordan and Fleming Jordan, executors cf
Rcrkc Lord ,lor,l