Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1835-07-02

/ VxRGINIA:-At Court continued and held
Ter Berkeley County al the Court House, on
aassaay TIE ifsh day Of April, 1888.
l's s'.a,a A. Cromwell. Elisha Boyd and John
s'ro'her - dsffs.
va tHE defendant Edward A. Cromwell.
"A not having entered his appearance
anu given security according 10 the act Of
Assembly aud the rules OF the court. and il
appearing to the Court that he il not q,
Inhabitsnt Of the commonwealth. il il ar
dered that the said defendant do annear
here on the second Monday IL June next.
answer the bill or the plaintiffs and /, is
further ordered that this order be pabish-
ed in the .Msitinsburg Gazette for two
months successiyely and posted at the
front door of the Court House Of the said
county,
A Copy .--Teste,
HARRISON WAITE, q. 9.
April es. 1885 = em
VIHGxNxA:-ia the Circuit Superior Court
81 Law and Chancery, for Berkeley County.
April term 1895.
he'ja@in comesy' pltE
Eliot hearney, admir- OF James n. Kearney,
deed, IN his own right, aud others dfts
IN CIiANcERY.
y HVHIS cause came on to be heard upon
N the bill, answer Of one OF the defend.
ants. ard all the papers formerly read in
The cause. Whereupon The Court finding
Il difficult to decide upon the rights OF the
parties without reference 10 commits
sioncf Of this court, doth order and adj
Judge that master commissioner of this
court be directed 10 state an account Of
the sums due 10 the wit.ow and infant
heirs under the contract Of The aaih Of Feb
rndfg, 1916, the goth OF March 1898 In
THIS statement he will coniine himself 10
the agreement, by which the sums due to
The infant children were 10 cease when
they respectfully attained the age Of tmen-
~ one.
Q. lie viii then enquire whether If the
receipt of fhe goth Of March. 1926. EN-
braced either Of the receipts preyiouslv
given II would fall short OF or exceed the
sum then due and TO amount.
$. He viii also exhibit the result or a
statement made according to the views
set forth IN paper filed IN the cause pur.
porting TO be the answer Of Thomas Rear.
ney accompanied by such observations as
he may deem pertinent.
lie viii also take notice that recent
No q. dated the Sd February. 1873, and
CREDITED IN several statements AS pay.
men' 90 ilal day rurports to he receipt
nom Lcng on the Isl day OF April 1872,
and tic will enquire whrthet that receipt
Was an account Of The rent due Susan
kearney II Is previous 10 receipt No. 8
and does no. express on what accounts Il
Was given.
8 He will lastly state all matters deem.
ca pertinent BY himself tending to euci.
date The subj Ct in dispute, or which NAV
be i,qniIcd ~ the parties to /, 81 their res.
psctive theories. The court doth further
consider that fair construction Of tho
instrument docs not seem 10 The court 10
justify The noion that Com.gys VAS 10
pay interest not only 10 the widow, hut al
on the 4 9ihs 20 the reversioners at the
Same time II the widow died b. fore the
youngest eLild came CT age, then he was
bound TO pay interest on the 4 9ths until
the pay ment OF the principle became due.
IN making mp bis report Upon these
principles tie Comm ssioner is directed 10
receive all such testimony. vouchers, &c,
as may tie therred by either Gfihe parties,
give notice rom time 10 time 10 parties or
their attornies in writing Of tie times Of
his proceeding vi h his report and when
he Is about To make up and finish the
same and return il 10 due time before the
next term in Greer 10 a final decree.
A Ccp, --Teste,
JOHN STRoTflER, G.