Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-09-28

w lRGlNlA.--At u sircuit superior court OF
law and uhancery for IIenrico county, held
at the capitol I'M the city of Richmond, on Satur-
day, the 23d day of June, 1882: Philip w. Clai.
borne pltif., against Francis Foster John b. Clop.
ton, William Foster. and Ann Foster, and Eliza
beth Foster inftnts by John Robinson their guard
ian assigned, dts.
This cause came this day TO be heard on tho
BILL answers of the defendants, Francis Foster and
John H. Clupton, and of the infant defendants by
their guardian assigned, exhibits and the report o.
commissioner Pendlctnn, made pursuant TO the
order of the tenth day of November last to which
report there was no exception, and was argued by
counsel: on consideration whereof the court doth
adIudge, order, and decree, that the Injunction
awarded the plaintiff, on the seventeenth dsy Of
June, one Thousand, eight hundred and .,iirty one
to restrain the defendants, Francis Tosicr and
John Il. ClopioD, from scliirs tho tract of land
IN The bill mentioned, and from ali further proceed
.ngs under the decd of trust, also mentioned i'm the
DILL be dissoved: and the court doth further adj
judge, order, and Decree that Herbert A. Claiborne
and John Is. Clopton, who hereby appointed
commissioners for that purpose having published
notice OF the time and place for thirty days. in
one oi the newspapers printed in the city of Rich
mond according to the terms of the decd aforesaid
do proceed to sell, at public auction, on tho premi
SEES, for cash, the whole, or such part OF the
tract of land IN the bill mentioned convey cd by the
plaintiff to tho defendant, John b. Cloptun trustee
for the defendant Francis Foster by deed bearing
date the twenty eighth day of February, one thou
sand eight hundred and twenty eight, file1 as an
exhibit I'M this cause, the said commissioner may
think fully sufficient for tho purpose, at tho
time OF such sale, and out of the proceeds arising
from such sale after deducting the expenses there,
OF and fully paid and satisfied the and char
ges properly npPortaining to said trust in said deed
mentioned, which have accrued. and which at the
time shall remain unpaid, shall pay 10 James Ly-
ons, assignee of the said Francis Foster the s,.,n
of seven hundred and fifty four dollars and sitty
five cents, with interest thereon to be computed
after the rate of xix per centum per annum from
the fourth day of March, thousand eight hun.
drcd and thirty until paid, to the defendant Fran
els Foster, the sum of one thousand dollars, with
like interest thereon from the rstday of January,
| one Thousand eight hundred and thirty ono, 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 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 montlrs after they shall
have respectively attained the age of twenty one
years copy teste, j. ROBINSON, O. 9.