Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-10-12

Va IRGINIA. AT circuit superior court of
law and chancery for Henrco county, held
at the capitol in the city of Richmond, on Satur-
day, the 23d day of June, 1882: Philip W. Clai
borne plttt, against Francis Foster, John b. Clop-
ton, William Foster, and Ann Foster, and Eliza
beth Foster infants, by John Robinson their guard
ian assigned, dfts.
This cause this day to be heard on the
bill, answers OF the defendants, Francis Foster and
John Is. Clopton, and of the infant defendants by
their guardian assigned, exhibits, and the report o.
commissioner Pendlet N, made pHEsu mt the
order OF tho tenth day of November last, to which
report there was no exception, and w as argued by
counsel: on consideration whereof, the court doth
adJudge, order, and Decree that the Injunction
awarded the plaintiff the seventeenth day of
june one Thousand eight hundred and thirty one
to restrain the defendants, Francis Foster and
John Is. Clopion, from selling tho tract of land
In the bill mentioned and from all further proceed
lngs under the deed of trust also mention in the
bill, be dissolvcd: and the court doth further adj
Judge, order, and decree, that Herbert A. Clabu-.
and John Is. Clopton, who hereby appointed
commissioners tor that purpose, having published
notice OF the time and place for thirty DAYS in some
one of the newspapers printed in the city of Rich
mond according to the terms of the deed aforesaid
do proceed to sell, at public auction, OIL tho premi
ses, for cash, the whole, such part OF the
tract OF land in the bill mentioned, conveyed by the
plaintiff to the defendant John b. Clopton trustee
tor the defendant Francis Foster, by decd bearing
date the twenty eighth day of February, ono thou
sand eight hundred and twenty eight, filed as an
eAioh III thls cause, as the said NAV
think fully sufficient for the purpose ut the
time of such sale and out of the proceeds arising
from such sale after deducting the ex penses there
OF and fully paid and satisfied the costs and char
ges properly appertaining to said trust in said deed
mentioned, which have accrued. and which at she
time shall remain unpaid, shall pay to James Ly
ons, assignee of the said Frances Foster, the sum
OF seven hundred and fifty four dollarsoand siSty
iIve cents, with interest thereon 10 be computed
after the rate of six per centum per annum from
the fourth day of March, thousand eight han.
dred and thirty, until paid, to the defendant Fran
CTS Foster, the sum of one thousand dolla,s, with
like interest thereon from the first day of January,
one thousand eight hundred and thirty one, until
paid and the further of one thousand dollars,
with like interest thereon from the first day of
January, one thousand eight hundred and thirty
two, until paid, and the balance if any, deposite in
any one of the Banks in the City of Richmond TO
the credit OF this cause subject TO the future order
OF the court, and report their proceedings to the
court and liberty is reserved to the infant defend
ants TO shew cause against this decree. if any they
can, at any time within six months after they shall
| have respectively attained the age of twenty-one
| years. copy teste, J. ROBINSON. c. e
sep 10