Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-12-22

81 MISUNDERSTANDING Crcult ouPeIioi
d. Court of Law and Chanccry, held for James CITY
County and City of Williamsburg, the seth OF ocsoDe'
1885:
John Marshall, Daniel Call, and George Fisher Ex-
ecu,ors of John Buchanan, decd r'aiht'ns'
against r
Beniamin Harrison Richard Anderson, Robert STAN
ard, Nath'l Nelson, Thomas Nj. Nelson, John Mngc,
Collier Minge and Wm MnsG LIKE, Executors % ., 3oin
The death of the plaintiff, John Marshall Is suggest
cd, also as to the defendant WIN. Allen, by his DEATH
and of the defendant, VIM. B. Page, in his own right
and as Executor Of VIM Byrd, dec ID; and it appears
that the same has been duly revived againt Griffin Or
gain Executor of William Allen, dec d, and against
John E. Page of the Executors OF VIM. Byrd Page
and Administrator de bonis non, with the will annexed
of WIN. Byrd. and it appearing that the subpoena
awarded in this has been executed on all the de-
PENDANTS, except those hereinafter mentioned to have
fled answers than four months since the SAID sub.
pGna has been executed them, and they still fang TO
file their answers-On motion Of the plaintiffs their bill
taken for confessed against the said deendants and
thereupon the use came on 90 pc ' DC s'
answers Of the defendants, Benjamin Harrison Richard
Anderson Robert Sanard the President Directors, and
Company Of the Bank Of the United States, Abby Mel
son, Ann R. Nelson, Mary, Richard, and WIN. Allen,
replcatons thereto, and exhibs-was argued by coun
sci On consideration whereof, the Court doth adudgc,
order and decree, that Nathaniel Nelson, Thomas NJ
Nelson surviving Trustees under the deed OF the 18th
day of May, lS2o, or such OF them as may he now V
ing, be- and they hereby, appointed Commissioners,
who arc directed to ADVERTISE and sell at public sale tor
cash at the Eagle Tavern the City of Richmond, on
sixty days previous notice, in some newspaper published
in the City Of Richmond the two lots Of Land IN the
bill and proceedings mentioned belonging to Benjamin
Harrison also the time and place, and On the
same notice, all the Lands of the said Benjamin HarrI,
son. in the counties of Kanawha and Mason, mentioned
in the said deed of the 18th of May 1928, or such part
or portions of said property may be necessary to pay
and satisfy the sum of twelve hundred and sXty-ilvc
pounds eleven shings, with interest on one thousand
pounds part thereof from the eighth day OF January one
thousand eight hundred and twenty-sx, till PAID and
cioh dollars So cents Of the suit at law due TO the
plaintiffs and the Of this suit That Tile said rus
tees apply the proceeds to the satisfaction OF tue sau
debt interest and COSTS and report their proceedings 10
the Court And if the property herein directed to be
SOLD shall prove be Insufficient to pay ana sausly Tic
principal interest, and costs OF the Piants cehahu Us
aforesaid then and in that the dcenoantS,
Stanard and Richard Anderson, Trustees under the uecu
of the 18th August 1926, directed to sell the real
and personal Estate conveyed BY that deed or such Por
lons thereof as may be necessary, on Tie terms pre-
scbcd by the said decd and out OF the proceeds tnee
Of nav to the President Directors and Company OF Tue
Bank of the United States the balance OF their debt AID
interest secured by the said deed. and which may r.
main unpaid; and that they then pay TO The planths
out OF the proceeds of the property directed to be s9e
the b,lancc of their debt interest and COSTS after de-
ducnr the nett proceeds Of what may be applied TO that
deLt nncr the first sale hereby directed; and that they
report to this Court in order to final dec, Gee,
a Copy-Teste, JAMES oADANlso' C. C.
Pursuant 10 the directions ofthc foregoing decree, we,
the undersigned Commissioners, WILL on the 18TH DAY OF
February 1896 before the front door of the Eagle Hotel,
in the CITY of Richmond, proceed to sell at public auc-
ton for ready money the two Lots of Land lying in the
civ of Richmond mentioned in the above decree the
location boundaries and description Of which will be
more particularly given upon the day Of and at the lime
nj sale. And also at the same time and place. and upon
the same terms, we shall proceed sell all the Lands Of
the aforesaid Benjamin Harrison, lying in the counties OF
Moson and Kanhawa mentioned in the above decree or
much thereof be necessary to pay and satisfy
the sum mentioned the Decree These lands
noscd to contain 5000 acres upwards thereof and
believed be very valuable, and will be more Pa'cu
larlv described upon the day Of tho sale thereof
NATHANIEL NELSON, Commissioners.
THOMAS NJ. NELSON, '0"'"'''''"~'''
NJ. ~ SS-wtd