Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1835-07-02

At circuit superior court of law and chanc.r
"A continued and held for Nelson county. AT ~.
court house, on the 9Th day of October is:s2
Rober c. Cutler, Samuel Garland aud David ana
William Kyle. plaintiffs,
Spotswood Garland, Robert Rne, Nexapa..
Brown James > Penn, Lemue Turner, Nathan Lon
tus g. Co.. Beverly Iiargrove, Sterling |. Cmmr
George w. Kyle, Henry Bib n Henry s lIarfs'
under the style and firm of Bib Il Harrs
BENJAMIN NJ, and Hardin Perkins. William H. Dlgpe.
and John >. Harris, merchants and partners, unde,
the style and firm of Digges Il Harris, Defendants
This day, this cause came on, 10 be heard, on Nh.
bill answers exhibits, and the report oil master com
missioner Penow, and was argued by counsel and
II appearing to the satisfaction OF the court, that III.
subpnnas awarded against the defendants Spotswood
Garland James :. Penn, Lemuei Turner, Nathan
Loiitus 4 Co, Beverly Hargrove, Sterling |. Crmn
George w. KYLE, Bib 4 Harris, Benjamin NJ and
Hardin Perkins and Digges 4 Harris, have been exc.
cued more than four months well since the SERVE,
OF the said subpunas the filing of the bill IN TIN,
cause and they still failing to file then answers III,
bill of the compliments is taken for confessed as 10
those defendants. On consideration Whereof and the
court approving so much OF the said report as pnps
priority to the claims Of the compliments Robert e
Cutler, Edward Cannon and W llliam Burd and Jas
Garland trustee of Lucinda Garland, 10 which Their
is no exceptions, doth confirm the same as TO thu
plaintiffs, and doth adudge, order and decree tina,
defendants Rres, Brown and Penn, do pay, out o,
the trust fund in their hands, to the complainan
Robert c. Cutler the sum of -four hundred and nnet,
three dollars and thirtysx cents, with legal interes
! on Sil4, part thereof, from the first day of Nav
lSf2, till paid and to the plaintiffs, Cannon and Rurd
the sum of Sl7} A. with legal interest on Sl26 par
| thereof from the first day of May, 1899, I'LL pad
and the doth further Judge, order and decree
that the said report of the commissioner be recon-
mittcd with instructions to examine state and sri
tie the same and that he publish notice of the time
and place. when and where he will open said account.
in some newspaper published in the town of Lynch
burg, calling all the creditors of said trust to e,
hbit o.dcnces of their several claims, giving 10 tn,
unsatsfed creditors, who parties to the SUIT per.
sonal notice !; and that in stating SAID account h,
charge the trust fund with, and credit James Garland
trustee of Lucinda Garland, by the full amount Of
the claim of James Garland, trustee of Samuel Gar
land, for the REIMBURSEMENT OF her right OF dover IN
the tract Of land in the proceedings mentioned, as
preferred defendants that he make report OF his pro.
cccdngs to this court, with any matters specially sta.
ted by the said commissioner, deemed pertinent b,
himself required by the parties to be so stated.
And circuit superior court of law and chancen
continued and held for Nelson county, at the court.
house. ON the third day of May, 1888.
On the motion of John Narnum and Mary p. Var.
num- late Mary p. Nanum, widow and administrator
OF James Nj. Narnum, deceased, who was attorney IN
fact for Joseph B. Narnum, by their counsel and II
appearing to the court that they of the original
, defendants in this cause and that their names have
been stricken from the records by mistake of lhr,
counselwho erroneousy supposed that they no Longer
had any interest in the subject in controversy tn,
court doth order that their names be rcnstated as de
PENDANTS. Andthe cause coming on again to be heard
upon the papers formerly read, and the report anI
SPECIAL statement of commissioner Penow made Dut
suant to the decreta order of the 9Th .lay of Oco
Der, lc,} and was argued by counsel: On consider
alton whereof, and especially of the special state.
mant of the commissioner, suggesting that James ?
Garland, his brother claim ag ains the t,ns
fund in the bill mentioned doth adudge. order and
decree, that the said last mentioned report be recon.
mltted to John Whitehead, and Seaton H. Love-
T. commissioners appointed for that purpose, who ar
requested state, settle and report the court III,
Il claim of the said James p. Garland, and all oth.,
claiming any benefit from the said fund.- to retber WI,
i any matters thought pertinent by themselves or n
II quired by the parties to be stated.
An at another day, to wit: At circuit slpcrn
u court of law and chancery, contmued and held Lu
Nelson county, at the court-h house, on the 9Th day
May, 1891 by consent of the parties BY their conn
sell the court doth order, that master commission.
Robert Iinsley, of the county of Amherst do fax,
the account directed Dv the decretal ordc, entered =
this cause on the Bird day of May 1893, instead NJ
lhe commissioners therein appointed and that h,
make report tothe court with any matters sncc,,ly
stated thought pcr,n,"; ~ himself, or required b,
the parties to be so stated.
copy-teste,
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