Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-06-12

WN CHANCERY --VIRoiNIA;-At a Circuit supo-
or Court Of Law and Chaneery, holden the Capitol
in the City of Richmond, Saturday the day
OF November thousand eight hundred thirty
Gervas Storrs and Joshua Storrs, Pits.
against
Pleasant Winston and Elizabeth c. his wife. George
Winston, surviving trustee for the Elizabeth Wins
ton the President, Directors and Company of the Bank
of the United States, at Richmond, John Bell aud James
Winston, Defts.
James Wilson, Pitts.
Pleasant Winston. Gervas Storrs, Joshua Storrs John
Bell the President, Directors and Company the Bank
of the United States, at Richmond, and William Kicks
Deits.
This day came the parties by their counsel pursuant
10 the rule, Tor attachment against James Wilson, the
Pain In the second suit entered herercn fourth
DAY OF Juno last and thcrcupon, the court after having
uy near the counsel oil the parties, delivered the follow
ing opinion:
The nterlocuory decree in these causes on
the twenty-ninth day OF June, thousand eight
dred and thirty was perfectly in refusing charge
Geryas Storrs with the proceeds of the sale of the House
and lot, Ga part of the subect which was
ly sold and conveyed by Pleasant Winston and Joshua
Stors, to John H. Christian there being no proof that the
said Gervas Storrs knew any thing of the sale or even
sanctioned it, approved of it, received any part or
the money arising from such sales but said Cervas
Stores, well Joshua Storrs were indebted at the
time that Commissioner Bakers report made i'm the first
suit to Pleasant Winston, in the two notes for
one thousand dollars each, bearing the twentieth day
OF June, thousand eight hundred and tweny-sx
able the thirty, the other at sixty ays after
date and that the said notes had fairly paid
satisfied at the time the plaintiff James Wilson, obtained
his inuncon; and that the said ought
to be so amended require that in the settlement of
the accounts between the said Gervas Sors Joshua
Stors and Pleasant Winston the said Pleasant Winston
ought TO be credited lover and above the sum of one
thousand ve hundred dollars, credited in the re-
port of Commissioners Baker with two notes of one
thousand dollars each, above referred with interest
from the periods at which they respectively arrived
maturity.
Whereupon the court doth adudge, order and decree
that the rule aforesaid against the plaintiff be discharged
and that the report of Commissioner Baker, as well as
those of Commissioners Ladd with the exceptions taken
thereto be committed of the Commissioners of this
court, with instructions TO restate the between
the parties, in conformity with the foregoing opinion and
TO bring all the accounts between them down the first
OF January, thousand eight hundred and thirty when
the bond of the plaintiff in the second suit for purchases
the sale made by the Marshal of late Superior Court
OF Chancery for the District OF Richmond became paya-
BILE: And TO take of the claims all the credi-
tors entitled 10 claim under the deed from Pleasant
Winston and wife TO Joshua Sorrs and A}e manner in
which the funds arising from the Sales made by the mar
shall aforesaid, of the trust subject ought be
among the said creditors in conformity with the principles
of the foregoing opinion and degree the provisions
the said trust deed; and report the the court with
any matters specially stated deemed pertinent by himself
which may be required by the parties TO be
A copy. Teste,
VIM. G.. SANDS, d. C.