Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-02-27

At Superior Court of Chancery, holden ,t ,1,o
| 1918 ' uay orJulc,
Joseph Roberts p.s
da "S3 dea Jordan and John '0a admir- of Bsn Jor.
A!srecably to rrecroe oft,e Court of A,n nss
titled by the Clerk thereof III these words q W.
gnia to witt At q Court of Appeals held Mt the Car
io a IN cmmoha 'he nhday of January 1913, Joseph
,Toners' appellant against Reuben Jorlan and John
Jordan admir- of Benjamin Jordan, decd apneilens
! upon an appeal from Decree pronounced by the S,
peuor Court of Charcery, held in Richmond the S,n
! day oi October 1906 this day came the nare. b.,
their Counsel. aud the transcript a. the recn~I ~ ny
decree aforesaid, having been ma,urel,, consI ~,
inc Court Is OF OPINION that the penttency OF tho ;s
IN the County Cour, OF Amherst referred to !, th a
sWer OF the appellee JOHN Jor,,an, 10 bar to the
refer prayed TOR IN the Court of Chancery mud ,b,+
inc SAID Decree is erroneous in dismssintr tho hill ha,L
because there was no notice given TO the appellant of
e tlme an place OF taking the account, and because
II appears by report excepted to- by tho onnnl
ices. t!Fat The appellant entitled TO credit fcrt
rhoV:and, one hundred pounds of Tobaccu ,Tbere1
tore 1t is Dccreed and Ordered that the sud Decv
revised and annulied, and that the anncIee rbo q
admir- out of, the of his intcstate in his hands 10
De administered II SO much thereof he hath but if not
neh out of ms own estate, and the other appellee in
ms own right pay to the appellant his costs Inv lin
expended IN the prosecution of his appeal ofreso;a
ana Is ordered that the cause be remanded TO
ene s;ii court OF Chancesy with directions TO thar
Court TO have an account taken between the ,ar,;"
on due notice. and il upon such account it shall ar
pear that the representatives of Charles Irving ec,i
have no CLAIM to the debt in CONTROVERSY tlnf tb
ico' DE made perpetual 10 all paynlc,s marie,
.taef 10 lIeu5en or benjamin Jc ;.aIi oti ervse nm,
~ rs 10 suc!l sum or it shall appear had bcn,
pad to Reuben Jordan, before notice of ass;,snr,,
or TO iicnjarnn Jordan after. and which have no, h
credited on the bond; and dissolve The ininct;n c
balances and in this latter also to Dc that R
3c j"Ef!a Go pay to the appellant any sums rccavc
ny nm !'c. hot!cc oil the assipcninc So soon nc tl
appellant shall have paid the amount of the ind
'cnt 1T law, or such part thereof rs at. shall he s,vnc
yea 10 pay winch IS ordered to be certified to the saJ
Superior Court of Chancery aDpcIant's coo.s =, -
Court of Appeals, thirty one Dollars and ten ln,s '
which are included sixteen Dollars and sixtvs,s f,t
Lawyers fcc-A Copy, Tcste n J1,a,s = 1 On,
his Court doth Adjudge, Order and Deere The.
an account be taken by one of the Commissioned 80
court aSreeaby TO the principles declared by tbe
decree aforesaid, after due notice to The nortics ~
hat such Commissioner make report tbrnF anu, anu
Count, aud tins Court doth further Adinf~. 0i a
ard Decree. that the Defendant who is .sI.g' .
the estate oi his intcsta:e in his haneIs ,o he
cred SO much thereof i've hath, but If not then n,-
81 ,ils OWE estate ana ile other Defendant in his o,yT
pay 10 'he Piani the costs by him in the Co,,rt
So, SO ATI'e's -
AZ Rales holden II the Clerks Office ortho su,,o
F,or Court of Chancery, for the Rchmo.d D;s,,i.
the ID day ofJanuary, 1896. ''''''
9""i Roberts and Alexander Roberts cxec,ur;v MI
executor OF Joseph Roberts, decd. PlE
John Jordan admir-. Of Benjamin Jordan, decd. ara
hcuDen Jordan and Fleming jordan croc,,, q" :.
Rcubcn Jordan, deed. ~T 11tS VI
re Scire facias awarded in this cau.c I,,,,;S -
rciti;ned executed, and there being NO caues ~
the contrary OF what foowetl,; Oldercd. tbat -,
Cause stand and be proceeded in to final decfco (;
the names OF the present parties ..
o'p'eS' Ie"ie' WAI ". IIENINo, r. c.