Staunton spectator. [volume] (Staunton, Va.) 182?-183?, 1831-10-07

CHaheely holdcn at stanton, on the
9th day of January, 1881.
Between Robert Wiley, plaintiff, and
Nash l.. Pitzer, and Benjamin w clch,
ad mrs of John Pitzer, dec. and the
widow and heirs of said John, defts.
On the motion of george Poage, in
his own right, and as administrators of
John Poage, dec. and of Robert and
Razlett Kyle, they arc admitted party
plaintiffs III this cause, TO participate in
| the proceeds of the real estate in the
bills mentioned, upon paying an cquiva-
lentproportion of the costs; &, this cause
came on to be heard this 9th day Of ia
nuaryr 1887 upon the bills. answers, de-
positions and exhibits, together with
the report of the marshal, us to the sale
OF the real estate, made in pursuance of
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.
dec, to set aside the sale aforesaid, con-
tending that the property had been sa-
crificed in the market from the idea that
decree rendered in this court, on the
18th day of July, 1929, in behalf of the
administrators of VIM. Caruthers, dec.
who are plaintiffs in another suit de-
| pending in this court rs. the same defen-
dants, seeking to charge the real estate
OF John PitZer, dec. in the hands of his
heirs, IN satisfaction of their claim, con-
stituted specific charge upon the pro-
perty. In this application, the counsel
for Caruthers's administrators, in said
suit, insisted that by the decree aforesaid
in favor of Caruthers'S administrators,
they had obtained legal preference to
a satisfaction oftheir claim out of the real
assets of John Pitzer, dec, and in case
the sale was confirmed, they would in
sist upon subjecting the property in the
bands Of 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-
perty, under the decree aforesaid, were
argued by counsel, and maturely con-
sidered by the court :-Whereupon 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 Us. Pliers administra-
tors and heirs, above referred to, mas
much as the claim of the plaintiffs was
not then, and is not now ascertained, is
nothing more than decree quod COM
putet, and cannot give to the administra-
tors of VIM. Caruthers, dec. q prior
| right to 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
heirs of said PitZer are bound.-The
court is further of opinion, that as none
of the creditors of John Pitzer, dec, who
are seeking to charge the real assets by
descent, in the hands of his heirs, have
obtained judgments at law, against the
heirs, that no priority has been obtained
III the administration of the real assets,
and that the decree of the oath Decem-
Der, 1929, made in the above cause OF
Wiley rs. Pitzer, &C., directing the real
estate in the hands OF the heirs of John
Pitzer, dec, to be sold in satisfaction of
Wiley's claim, which was an ascertain
ed demand, was decree which enured
to the benefit of all the specially creditors
of the said Pitzer, dec, in which his
heirs were bound, and draws the admin
istration ofthe real assets by descent, of
John Pitzer, dec. into this court-it be-
ing a fund out of which such creditors,
under such circumstances, are entitled to
be paid pari passu-and among them
Robert and Hazlet Kyle. being special
ty creditors of the said John Pitzer, in
which his heirs are bound, and George
Poage, 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, i'll which the heirs
were bound, who have been satisfied
(as appears from commissioner Woods
report, filed with the papers in this
cauSe,) out OF the personal estate Of John
Pitzer, dee. 1t is, therefore adiudged,
ordered, and decreed, that this cause be
referred TO Master Commissioner Tho
mas j. Micbie, with instructions to re-
port to this court the amount due to the
plaintiffs, upon their several judgments,
and also, TO report all unsatisGed de-
mands against John Pitzer, dec, consti-
tuting a charge upon the real assets in
the hands of his heirs-first calling up
on such creditors as are not parties to
this. suit, by advertisement for sixty
dave - tb,, Cpo,4oNrr To