Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1836-04-14

.;.o,,,, s,,,,.,,or court Of Law and chancery'
n continued aud held Tor the town VI ~ H.
# the courthouse. IN the Shutdown. on 0d'u'"'y w
23d of January. $50, sitting a eoof' VI
Samuel Garland. William Morgan, lhoinas d.
. N,,t BENJAMIN Johnson executor OF lnnoih> JOIN
IN dcc'J David = Garland William walton anu
James Penn. late merchants and partners u"ui"-
nndrr the firm of Garland. Vat n " REM NIii'"'
~t.ptor David Saunders. aud William Dlchel>o"'
who sue a., well Tor their own benefit a. Tor tepeh'
fiji OF such other 81 tie creditors oil 'hHs'ophei
Clark entitled 10 distribution OF his trust estate "s
viii mite with them in this suit, and share the eN-
penses thereof together with John Mcneil executor
Of John jameson. deed. Robert Patton. JACOB i'aaS
and William Dnfey, late partners trading "ndei INC
,fylc and Grm Of Haas y huiiey. seth ard james
Bilhru. surviving executor OF Henry H. She'lman'
decd. Rcniamin \. Donald George Noble and Gice
VI his WIFE who. pursuant 10 the SAID reservation
have heretofore by bill, petition 81 appearance before
the COMMISSIONS OF the court also become parties
plsiutlffs.
fgaiast
Tbom,s Dixon. late shelill Of the county of Camp
bell and -, such administrator of Christopher Clark
decd James {. hoorman. James Bullock and BAL
da Mcdaniel sheriff OF Bedford county. aud rs such
administrator OF Henry cla.k, decd defendants.
Tins cause cane on again tins day TO be heard, on
the uapcr, lormerI, read. exhibits since flied. the re
port, of Commissioner " iatt, made IN pursuance OF
the decrefa orders at the 10Th day OF May, lo2' OF
.he Eth dar of JANUARY. ~ aud OF the I'm day OF
February I@}j. with exceptions thereto, as to pot-
tons of the last report By all the defendants, and
with exceptions, in like manncr, 10 other portions
thereof bN the plaintiffs, examinations oi Witnesses
and was argued by counsel On consideration
whereof tand for set forth IN the sad decree
aud amongst other things. thereby decrecd,) the
court doth adiudgr. ofdei md decree, that the de-
feutlamt, Jlmcs G.. MoorInan. do pay unto Thomas
Dixon. late sheriff OF the county OF Campbell, and
As such. administrators oil Christopher I lark, dec d.
tot the benefit of Thomas \ llclcombe, heretofore
appointed by order OF this court receiver OF the
tr-st fund Of c. Clark, dee d, the sum of five thou
sand six hundred and twelve dollars, and sixty
cents. with six per centum per annum interest on
Thousand five hundred and eighty five dollars and
fifty cents Il part thereof from the 81 December.
1881. ill paId that beng the appearing aiure
said to be due from him 10 the said trust fund
On the motion of the plaintiffs, and it appearing to
the court. that the dciendn,. James {. Norman
hath removed lromhc State, aud that he Is usovent.
aud that the decree herein before rendered against
him, viii, in all probability be unproductlve, and il
BEING suggested by the plaintiffs, and appearing also
by the evidence i'll the cause, that portion OF the
trust fund Diverted attempted TO be diverted by
the sand MGondn tor his private purposes, that is,
bs the conveyance to " llllam b. Lynch, Boiling
Clark an, Jacob Anderson by deed dated the I'd day
of October 1923. arising from the sale OF two slaves
to Richard Harrison. and five other slaves and horse.
sold by TIE SAID trustees. amounting IN the whole
i1fcc Thousand SIX hundred Unity as oil
the 2s of February, 1871, which with its in
est constitutes part OF the balance reported against
the sad Moorman the proceeds I which, as is al
legged by the plaintiffs. Is now III the power of Boil
ling CLARK in part, portion of which, viz: three
thousand hundred and twenty five dollars he
hath Deposited in of the Banks in Lynchburg. to
the credit Of this suit The court doth therefore or
der. TINT the defendant, lanes &. Norman and Boil
ling Clark. s.survying trustee, aud Balda McDan-
leI, administrator of Henry Clark, dec d., do appear
here, the Sd dav of the next term, to shew
# any they can, why the ebt due from the said
James 6. MOoman 10 tic trust fund, aforesaid.
shall not be- by the SAID Boiling Clark paid, far
b. the application Ihereto of the fund aforesaid.
now standing in Bank 70 the credit of this suit, VIZ
$}l25; secondly. the further sums arising from the
sale OF the two slaves. stephen aud Jim, to Richard
Harrison; Peter. Robin. Lucy. James and Charles,
together with horse, sold by the sud trustees. a
mounting TO $500, with lead interest thereon. from
the 2let dav Of February, l22l. drductiug theiefron
the said &}i2-, of the date of its deposite accord
ug 10 the order Of this court, aforesaid.
4 true extract. 'Feste
D. ROBES, Clerk.
April 4w