Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-02-20

VIRGINIA:
Ala Superior Court of chanccry,, holden at the
GaI'to Iii the Cty ot RiclmOnd the 10Th day og June
Joseph Roberts 5,,c
against
Ruben Jordan, anI John Jordan, aln.r of Benz. Jor
dan, dec NIX
ASrecably ,oa Decree osthe Court of Appeals, GER
tiled by the Clerk thereof IN these words " V;r
ginia TO wit At Court of Appeals held at The CAM
to in Richmond the 9TH day Of January 1915 joseph
Roberts, appellant against Reuben Jordan, and John
jordan adn'r. OF Benjamin Jordan, deed appel,ees
Upon an appeal from Decree pronounced by the su.
perior Court Of Chancery. held in Richmond the 9TH
day al October, 1906, this day the parties by
'ler Counsel and the transcript OF the record of the
Decree aforesaid, having been Inaurcy considered
the Court is of opinion, that the tendency of the suit
IN the COUNT Court Of amherst, referred to in the an
awcr cT the appellee john Jordan, no bar to the
retet prayed for i'll the Court of Cilarccry and that
the said Decree is erroneous in dismiss the bill both
because there was no notice given to the appellant,
!c time and place OF taking the account, and because
itappears by report not excepted to- by the aDDel
Ices that the appellant entitled to credi, for two
thousand, one hundred pounds of Tobacco There
loTc 1t is ecrecd and Ordered, that the said Decree be
revised and annuied, and that the .ppel!cc who is
r ont OF The estate Of his niestc, in his hands to
be administered i! so much thereof he hath but II not
men out OF MS own estate, aid the ohcr appellee in
!;S own right, pay to the appellant his costs by him
G"ieh,ieu =" N'c prosecution or his appeal aforesaid
here and Il is ordered That the cause. be remanded In
me S"d Court of Chanccry, with dire lions TO that
Court To have an account taken between the parties
on due notice. and if upon such account it shall aT
have no claim to the debt in Controversy that the in
Junction be made perpetual as to all payments made.
either to Reuben or BEN anin Jordan 0tcrw ist on.
y as to SUCH sum or sums rs it shall appear had been
p"d to Reuben Jordan, before notice OF assignment,
or TO BcnjIir Jordan after, and which have not horn
credited on The bond and dissolve the nunctions for
oaincci and in this lat also to Decree that Rcu
ben jordan 90 pay to the appellant, any sums received
- him after notice OF the assignment, 50 soon rs the
appellant shall have pad the amount OF The Jude
ment at law, or such part thereof as lie shall be Slyar
ed to pay which IS ordered to be certified to the sac
Superior Court OF Chancery, appellants costs in The
Court OF Appeals, thirty Dollars and ten Cents IN
winch are included sixteen Dollars and sixty-six Cents
l.. Law c!s ice.--A Copy Tcstc II Lla,;cs r Crss
This Court doth hdiudge Order and li pecr r.
an account be taken by Of the Commissioners
the Count ccaby TO the principles declared by the
Decree aforesaid, after due notice to the varies AMI
tnat sneh 1Tmssioner make report thereof to this
Court, and t'ds Court doth further Adiidgc Ord,
and Decree that the Defendant who is adnl'r out OF
the estate of his ntcStae III his ha.tls TO be admins
jc"cd, u 50 much thereof he hath, bat if not then cut
Of his own esate, and the other Defendants: in his own
rgh. pay to the Paintliitie by Inn in the Court
OF Appeals expended -. Cost OF Court Of AoDcaIs-
S52' So.