Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-10-09


"a IRGINIA.--At a circuit superior SQUIRT OF
law and ehanesry for uenrico county, held
at tho capitol in tho city of Richmond, on Satur.
day. the Odd day Of June, 1882: Philip W. Clai.
borne, pltf., against Francis Foster, John b. Clop.
ton, William Foster. and Ann Foster, and Eliza
beth Foster infants by John Robinson, their guard
ian assigned, dtts.
This cause came on this day to DO heard on the
bill, answers of the defendants Francis Fostor and
John b. Clopton, and of the infant defendants by
their guardian assigned exhibits, and the report o.
commissioner Pendleton, made pursuant to tho
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
auludge, order, and decree, that the injunction
awarded the plaintiff, tho seventeenth day OF
June, one thousand eight hundred and thirty one,
to restrain the defendants, Francis Foster and
John Ii. Clopton, from selling tho tract of land
IN the bill mentioned and from all further proceed
lngs under the decd of trust also mentioned in the
BILL DO dissolvcd: and the court doth further adj
Judge, order, and Decree that Herbert A Claiborne
and John b. Clopton, who are hereby appointed
commissioners for 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 decd aforesaid
do proceed to sell, at public auction, on the premi
SEES, for cash, tho whole, or such part OF the
tract OF land in the bill cntioned, conveyed bv the
plaintiff to the defendant John Il. Clopton, trustee
Tor the defendant Francis Foster by deed boa rin
date the twenty eighth day of February oue tbos
sand eight hundred and twenty eight, filed as an
exhibit In this cause, the said commissioner NAV
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 costs and char.
ges properly nppertaning 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 tn. 81: N
OF seven hundred and fifty four dollars and slit,
i've cents, with interest thereon to be computed
after the rate of six per centum per annum from
tho fourth day of March, one thousand eight HI n
dred and thirty, until paid, to the defendant Fran
els roster, the sum of one thousand dollars, with
like interest thereon from tho first day of January
one thousand eight hundred and thirty one until
PAID and the further sum of 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, deposito in
any one of the Banks in the City of Richmond, to
inc credit OF this cause subject to tho future order
OF tho 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 thSy
can, at any tIme within six months after they shall
nave respectively attained the age of twenty one
years. copy teste, J. ROBINSON, g. ..