Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-03-02

'
Ats Superior Court of chanccry. holden at the
ISIS ' " '''''"O"' the ION day OF June,
Joseph Roberts Jrtr
against
dan, dec. nGs
AgreeabIy to Decree of the Court of Anncals cor
titled by the Clerk thereof in these words " yir.
gina to wit: At Court of Appeats ,eld at the cani
toll in Richmond the 9TH day Of January 1918, Loseoh
trbefts frs!G.:.t against Reuben Jordan opI Iy,
Jordan aGm'r. of ffcnjrI,in Jordan dec,d anncnns
Upon An appeal from Decree pronounced bv tie SIN,
pe'ior CouS OF Chancery, held in Richmond the 9TH
day of October, 1906 this day cane the psrtcs nv,
Their Counsel and the transcript of the record of the
Degree aforesaid. having been ,nattrely cousIerrJ
the Court is of opinion t the pcmdcncy of the suit
IN the County Court of Amherst referred TO in the an,
hwer or the appellee john Jordan, was no bar to tb,
rci.es prayed for in thcCourt of Chancerv and th,t
the sad lJccrcI is erroneous in dsnss,n the bill both
because 'hcre was no notice given the appellant of
the time and place Of taking the account and because
itappears by report not excepted to- by the anneI
lees that the appellant entitled to credit for two
.honsanti, one huiivred pounds of Tobacco There
fore 1t IS Decseed and Ordered, that the said Decree be
revised and annu!!cd, and that the .Dpcee uho &c
n = out OF the estate of his intestatc in his hands to
De administered, Ii so much thereof he hath but If no.
men out OF his o" estate, and the other appellee in
ms own right pay to the appellant his casts nv him
eNreh'.cd IN the prosecution of hrs appeal aforesaid
mere; and - ordered that the cause be remalcd In
me sad Court OF Chanccy with directions to that
C"u % nave IN account taken between the parties
on duc notice and il ;Ipun sncil account il shall ~,
pear shat the representatives of Charles Irvine IL,
have no claim TO the debt in controversy that dir,
lie'.oh be made perpetual as To all payments made
e'her to Reuben or Benianin Jordan, otherwise on
y as to such sum or sums as it shall appear, had been
paid TO Reuben Jordan, before notice of assignment
or TO Benjtnn Jordan ajcr, and which, have not seen
credited on The bond and dissolve the iniunc,ions for
oa.ancc and n this at also 20 Decrcc that Rev
ben Jordan dopay to the appellant any sums received
oy i alter notice OF the assignment, soon rs the
appellant shall have pad the amount of the iudg-
ment at law or such part thereof as he shall be ,yaP
aed to pay which is ordered to be certified to the said
Superior Court Of Chancery. appellants costs in the
Court OF Appeals thirty one Dollars and ten Cents in
winch are included sixteen Dollars and sixtysx Cents
aLawy er $ Iee'--A Copy, Tcstc. II Oemce, e. C''
his Court doth A|jucfge, Order and Decree. Tia,
an account be taken by one of the Commissioners OF
the Court agrecably to The principles declared by the
Decree aforesaid t;er due notice TO the parties and
that such Commissioner make report thereof to this
Court, and THIS Court doth further Adiuti:re Order
and Decree that tine Defendant who admir- out of
the estate of his intcsta'c i'll his hands 10 be admins
tered. IT 50 much thereof nc hath but If not then our
OF his own estate, aud the other Defendant in his own
right pay to the Piatiitl The by HIM in the Court
OF Appeals expended = Cos, OF Court OF A;5peaIs-
$50 30