Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-07-04

against
John PrcharJ. Hanieita Pfiiehatd, Hiram w.
Dawson, VIM. l. Kidd. Henry s Peyton. freder +
lex 5. Peyton. Charles ". Townsend, Christopher
7. Estes, Albert g. Loving, John Thompson,
Spotswood G. Perrow, Charles Perrow & Spots
woed q. Perow, under the firm Of Charles Perrow
q Son. Wilson Peters d Seaton II. Loving, mer- |
chants, under the firm Of Petets Il Loving, John
Hight aud John w. Wit, Defendants.
The subpunas Which issued in This cause the
Original and amended bills. bearing date the 29ll day
of August 1896, aud the 18th day of August, 1887.
and which appear TO have been duly executed on the
Defendants Henry S Peyfon, Frederick 5. Peyton,
Albert q. Loving. john Thompson, Charles Per
row. Spotswuod g. Perrow. Wilson Peters, Seaton
II. Loving and John W. Wit. aud although more
Than four months lave elapsed, veil since the
turn days of said subpGnas the filing of the
Plaintiff 5 bills original aud amended, and the said
Defendants still falling 10 appear and file their
swers ; On the motion oil the Plaintiff by counsel.
the Court doth take his bills for confessed 10 the
said Defendants Wherenpon the cause came To
be heard upon the SAID bills, the answers of John
Pntchard. llarletta Prilchard. Hiram w. Dawson
William |. Kidd, Christopher T. Estes, Charles W.
Townsend and John Hight, with replca'ions there
TO- exhibits, and was argued by counsel: On consd-
ration whereof the Count is Of opinion, and doth de-
eide that The deed from the Defendant John Pritch-
AID 10 the Defendant Dawson, trustee, bearing date
the 2ifh day Of August 1886, is good and valid fot
the purposes therein expressed, and the creditors
debts before Commissioner of the Court, are pur-
chasers without notice Of the Plaintiffs equitable
lien for his unpaid purchase money if any there be
due TO him. aud such have preferable claim pom
the House and Lotn the proceedings mentioned
The Court by the consent OF the parties, doth there
fore adjudge, order aud decree that Hiram W. Daw-
son, who Is hereby appointed Commissioner for
The purpose, do, after advertising the time and place
al sale, for thirty days IN the Lynchburg Vifginan,
and The like advertisement on Tie front door Of the
Courthouse ofths County, proceed to sell, 10 the
highest bidder, on credit of one two and three
years. equal payments, the House and Lot in tie
proceedings mentioned, taking from the purchaser
or purchasers, bonds with good security retaining
also the legal title 10 the property, ill the purchase
money be paid, and report his proceedings to the
/ Conr.
The Court doth also adindge, order and decree
that II be referred to Commissioner Spolswood Gar
land To take account olhe debts and proofs there
OF charged upon The said properly, by the said deed
also, account Of the Plaintiffs claim for unpaid
purchase money. All which accounts the said Com
missioner will take, state settle and1nake report to
the Court, with any matters specially stated. deemed
pertinent by himself, which may be required by
the parties to be so stated. :.
Copy-Testr
RIO. G. CUTLER. Clerk.
CoMnssIoNEE's OFFICE,
Loyugslon, May 20, 1890.
Tie parties interested in the foregoing decree vii
be pleased 10 take notice, tint | have appointed
Thursday, the irsj day .o August next, comm nee
the taking the accounts therein directed, on which
day. by ten O'Clock IN the morning they request
ed to attend Al my Office, IN Lovngston, with their
books, papers and vouchers, and copies Of court pa
pers, prepared for examination aud settlement
SPOTSWGOD GARLAND, Gom'r.
June 81 VIM
NIRGINlA sS,-Ata Circuit Superior Court of
Law aud Chancery. continued aud held for
Bedford County at the Courthouse, on the 7th day
of May, 1899:
Cornelius NOEL, Sen'r PlaintG
aeaiast
Baja Mcdaniel and Joseph Slaughter. admins
traitors with the viii annexed Of Cornelius NOEL, de-
ceased Samuel Cobbs and Ann his wife, late Ann
NOEL, Sally Minor, Livingston Noel, Charles Z.
NOEL, Addison NOEL, Jesse Noel, Eliza No.
ell Iarnira NOEL. Susan NOEL, Catharine No
ell. Simon NJ. NOEL. jane, NOEL, Cflcb NOEL.
John NOEL, Andrew Ronald and Elizabeth his wife.
! Thomas Minor aud Poll, his wife, Cornelius Mer-
ru aud Susan his wife, Salah \. II. Estes, james
rinsley and Eliza his wife, formerly Eliza Estes,
Susan Estes, Celia Estes aud Clrounc Es,es.
Defendants
In CuANcERY.
The Defendants John Noell Andrew Ronald and
Elizabeth his Wil.', and Samuel Cobhs and Am his
wife, who out oitl1S country, and against whom
the Plaintiff appears have proceeded IN the mode
prescribed by law against absent Defendants still
falling 10 appear and answer, On moljun Of the
Painfully counsel, hls bill as 10 those Defendants
Is taken for coniesSel-and the cause came on 10 be
head upon The bill answers of the Defendants lanes
Noel, Simon NJ. NOEL. Caleb Nocll Slaughter,
Mcdaniel, Sarah L. Estes. james Imsiey and wife
and Thomas, Polly and Sally Mlnor-upon the sub
pGnas awarded therein, the 9th day ofJ the. 1899.
and the 5lh day OF June, 1887 which appear have
been duly eXecutedon the Defendants. Addison
NOEL, Jesse Noe Laoira NOEL, Susan Noel,
Caharne NOEL, Susan Estes, Caroline Estes Ce-
liza Estes, Livingston Noe and Cornelius Merritt
and Susan his wife, who tail TO appear and answer