Staunton spectator. [volume] (Staunton, Va.) 182?-183?, 1831-09-23

VIRGINIA: At a Superior Court of
Chancery holden at Stanton. on the
2Ith day of January, 1881.
Between Robert Wiley, plaintiff, and
Nash l.. Pitzer, and Benjamin Welch.
al mrs of John Pitzer. dec. and the
widow and heirs of said John, defts.
On the motion of George Poage, in
ms own right, and as administrator OF
John Poage, dec. and of Robert and
iiaZiett Kyle, they are admitted party
plaintiffs in this cause, TO participate in
the proceeds of the real estate in the
6iiis mentioned, upon paying an equiva-
ichtproportion of the costs; 81 this cause
came on TO be heard this eth day Of ia
huary, 1881 upon the bills. answers, de
positions and exhibits, together with
the report of the marshal, as to the sale
oil the real estate, made in pursuance OF
Z decretal order, pronounced in the cause.
on the 9th of December, 1929, upon a
motion submitted by the counsel, for the
administrators and heirs of John Pitzer,
acc, to set aside the sale aforesaid. con-
tending that the property had been sa-
crlhced In the market from the idea that
a decree rendered in this court, on the
nh day OF July, 1923, in behalf of the
administrators of VIM. Caruthers, dec.
who are plaintiffs in another suit de-
pending in this court Us. the same defen-
Giants seeking to charge the real estate
CT John Pitzer, dee. in the hands Of his
helrs, In satisfaction of their claim, con-
stituted specific charge upon the pro-
perry; In this application, the counsel
ior Carutherss administrators, in said
suit, insisted that by the decree aforesaid
In favor of Caruthers's administrators
they had obtained a legal preference to
satisfaction oftheir claim out ofthe real
assets OF John Pitzer, dec. and in case
tue sale was confirmed, they would in
slst upon Subjecting the property in the
bands oil the purchaser under the decree
aforesaid, to satisfy their claim, and the
question as to the validity of said sale,
and the nature of the claim held by Ca
ruthers's administrators upon the pro-
perry, under the decree aforesaid, were
argued by counsel, and maturelY con-
sidered by the court w hereupon the
court is OF opinion, for reasons assigned
IN writing, and filed with the papers in
this cause, that the decree of Caruthers's
administrators as. Pliers administra.
tors and heirs, above referred to, mas
much as the claim of the plaintiffs was
not then, and is not now ascertaiped is
nothing more than decree quod COM
putet, and cannot give to the administra-
tors of VIM. Caruthers, dec. a prior
riGhtto satisfaction out of the real assets
of John Pitzer. dec. over the other spe-
cialty creditors Of John Pitzer, dec, who
are claiming by obligations in which the
bedrG ef .s9sd ~Pitzer are ! QIlpd -. Tho
OF the creditors of John Pitzer, dec, who
are seeking TO charge the real assets by
descent, in the hands of his heirs, have
judgments at law, against the
heirs, that no priority has been obtained
in the administration of the real assets,
and that the decree Of the 9th Decem-
Der, 1920 made in the above cause of
Wiley rs. Pitzer, &c, directing the real
estate in the hands Of the heirs Of John
Pitzer, dec, o.be sold in satisfaction of
WiIey's claim, which was an ascertain
ed demand, was decree which enured
to the benefit fall the specially creditors
of the said Pitzer, dec, in which his
heirs were bound, and draws the admin
ofthe real assets by descent, Of,
John PifZer, dec. into this COURT be-
ing fund out of which such creditors,
under such circumstances, are entitled to
be paid pari passu-and among them
Robert and Hszlet Kyle, being special
ty creditors Of the said John Pitzer. in
which his heirs are bound, and George
Poagc, in his own right, and as admins
traitor Of John Poage, dec, for the a
mount of the claims set forth in his bill,
as standing in the place of specially Gre
ditors by obligations, in which the heirs
were bound, who have been satisfied,
Gas appears from commissioner Woods
report, filed with the papers in this
cause,) cut of the personal estate of John
Pitzer, dec. 1t is, therefore adiudged,
ordered, and decreed, that this cause be
referred to Master Commissioner Tho
mas J. Niche, with Instructions to re-
port to this court the amount due TO the
plaintiffs, upon their several judgments,
and also, TO report all unsatisfed de-
mands against John Pitzer, dec, consti-
tuting a charge upon the real assets in
the hands Of his heirS-Grst calling up
on such creditors as are not parties 10
this suit, by advertisement, for sixty
days, III the Stanton Spectator, to pre-
sent their claims before him for adjust
ment. d copy. Tcste,
WA. 8. ESKRiDGE, G. G. c.