Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-06-01

w lftotiNihf-M . superior Cout, Of Oh
" holden at the Capitol, ia the City Of Richlnend
Friday. April 18th. 1880: -
Peyton X. Sterne, Pin
Peter Sterne, administrator with The win ann. rad
Elizabeth Sterne, dec, William NJ. Watkins and Hen
a. Watkins executors Of Joel Watkins, dec, whns
Mckinney executor Of John Wheeler, dec John Mos
ley Seu Dickerson Jenuinge, Eleanor Wheeler. Abr
ham Robertson, George Jordon, William Howson. Wi
liam Wheeler, John Robertson and Richard Eppes Sh
riff Of Nottoway and administrator with the Win annsy
ed oil Isaac Winiree, dec aud francis Stern1. -
decree Of the Court Of Appeals was certitsd 81 Il
CLERK thereof in these words: Virginia. Alta Court
Appeals held at the Capitol, in the City Of Richmond
on Monday, February 10Th, 1880: Peyton r. Stern
ApPl against Peter Sterne administrator with the will
annexed OF Eliz beth Sterne dec, William M WAIKIKI
and Henry A. Wa,kins.executors of Joel Watkins dec
William Mckinney executor 81 John Wheeler, dec
John Moseey Sr Dickerson Jennings, Eleanor Vince
son, William Wheeler, John Robertson and Richard
Eppes Sheriff Of NotowAy, and administrator with Ii
will annexed oil Isaac Winfree dec and Francis Stern
Applt: Upon appeal from a dect.. pr.rouncs3 b,
the Superior Court Of Chanc~ry held in Richmond OF
the 9th day Of June, 1926, in suit which the appellant
was plaintiff, and the appellecs were defendants Thu
day came the partie. by their Counsel and the Cour
having maturey considered the transcript of the record
OF the decree Aforesaid and the arguments of COUNSEL
Is Of opinion that under the deed Of settlement in the
proceedings mentioned Elizabeth Stene on tho death
OF her husband took the absolute property in the slaves
which are the subject Of that deed. The Court Is fur
Their Of opinion that the appellee, Peter Sterne. bar
wholly failed in his attempt to set up deed of eit of ho
said slaves by tho said Ez ,beth 10 himself and Frsn-
els Sterne and that such deed ever existed The
Court Is further Of opinion that the will Of Elizabeth
o'erne In the appellants bill set having been admit
ted to probat by Court Of competent jurisdction and
never contested in the mode prescribed by law, be
received good and valid will The Court Is further
OF opinion that by that will ALI tho said slaves were be-.
queathed to the appellant The Court is further Of opln
ion that the appelees who have neither pleaded nor 10.
sisted by answer on the statute OF limitations cannot
vail themselves Of that statute at the hearing and Ro.
bertson the only appellee has relied en- the statute
having tailed to bring himself within IT, the statute s
out OF the case as to all the appeees. The Court 10
further oil opinion that the sale OF slaves made by Fran.
els Sterne to the Wheeers took place after the death or
Elizabeth Sterne. The Court Is further OF opinion that
such oil the aPpelees to this bill who may have in pos.
session any OF the said slaves, whether holden under
sales IRON Francis sales gifts by Peter do deliver
the same to the appellant and account with him for
their reasonable hire and profits aud that where from
any cause such delivery be had the said Peter
Sierne be held personally liable for the value of such
slaves at the date of their saIe with legal interest on
such values until paid and that in all Peter Serne
is liable for hires and profits Of the slaves till sold;
and TO ascertain these points the Court of Chancery s
directed to refer the case to Commissioner; and that
the said decree is erroneous; therefore decreed and
ordered that the same be reversed and annuled:
and that the appelees who executors and admins.
traitors out OF the estates of their esaors and
intestates in their hands to be administered and the o.
lher appelees in their right do pay unto the appel
liant his costs by him expanded in the prosecution of his
appeal aforesaid here. And il is ordered that the cause
be remanded to the said Court of Chancery to he pro.
ceeded in TO final decree according TO The principles
now laid down, which is ordered to be certified TO the
said Superior Court Of Chsncery Appellants costs in
the Court OF Appeals one hundred and eighteen dollars
and eighty twoc cent?. Copy. Teste, j. Allen, c. &.
Whereupon this Court in conformity with the said de-
cree, doth set aside the decree in this cause oil the 9Th
OF June 1885, and doth adudge, order decree that
the defendants who executors and administrators
out OF the estates OF their esaors and in
testaes in their hands be administered and the o.
Their defendants in their right, do pay unto the p
his costs by him in the Court Of Appeals expended,
and that such OF the defendants who may have in nos.
session any OF The slaves aforesaid, whether holden I'M
der sales from Francis Sterne sales gifts by Peter
Sterne, do deliver the TO the p: and the Court
doth refer the accounts between the parties 10 one Of
and settle the according the principles contsn-
ed in the foregoing decree: that the accounts of hires
and profits OF the said slaves therein dire be aIso
stated by the said Commissioners, and that he report
the same TO the Court with any matters specially sta.
ted deemed pertinent by HIMSELF or which NAV be re-.
CURED by the parties TO be go stated.
"a Copy Teste,
VIM. G. PENDLETON, c. C.
CoMntIssIoNER's OFFICE. s.
Richmond Nay l3th, 1880. I
The parties interested will please take notice that I
have appointed the 2sh day OF July next commence
the accounts directed 10 the foregoing ORDER on which
day al ocoek. A. Nj, they required 10 attend At
my Office in this City with their accounts. vouchers
&c ready for examination and settlement and with
ohce copies OF the necessary Court papers.
HILARY BAKER,
Commissioner.
May Is. 3-wAw
IN CHANCERY-In Nottoway County Court. 9Th
III May, 1890:
Bartelet p. Todd, adm'cr of William Bates decd