Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-06-27
Plaintiff,


John Prchard, Harricua P,ilcha,d, Hiram w.
Dawson, VIM. l. kIdd, llery S. Peyton. Frcder-
ck S Peyion, Charles W. Townsend, Christopher
r. Estes. Albert G.. Loving, John Thompson,
Sposwood &. Pefrow Charles Perow 4 Spots
wood G. Petrow under the firm Of Charles Peuow
& Son, Wilson Peters d SeMon II. Loving, mef-
chants, under the firm Of Peters 4 Loving, John
Hight aud John ". VIII, Defendants.
The subpmnas which issued in this cause on The
original and anne hded bills bearing date the 2ah day
of August, 1896, aud the 18Th day OF August, 1897.
and which appear 10 have been duly executed the
Defendants Henry S. pcyton, Frederick S. Peyton,
Albert q. Loving, John Thompson, Charles Per
row, Spotswood 6. Perrow. Wilson Peters, Scaton
II. Loving aud John w. Wit. and although more
than four months have elapsed well since the
turn days of said subEunas AS the filing of the
Plaintiffs bills, original aud amended, aud the said
Defendants still fahg TO appear and file Their an
swers On the motion Of the Plaintiff by counsel
the Court doth take his bills for confessed TO the
said Defendants Whcreupon the cause came To
he heard upon the SAID bills, the Of John
Pitchsrd, llairelia Pritchard, Hiram w. Dawson,
William |. Kidd, Christopher 7. Estes, Charles W
Townsend aud John Hight, with fepcaiions there
to, exhibits, and was argued by counsel: On consd
ration whereof the Couu is Of opinion, aud doth de-
eide that the deed from the Defendant John Pritch-
ard 10 the Defendant Dawson, trustee, bearing date
the gath day Of August, 1896, is good and valid FOR
the purposes therein expressed, aud the creditors
thereby secured, such Of them as shall prove their
debts before 4 commissioner oil the C0utt, are puf
! chasers without notice Of the Plaintiffs equitable
lien for his unpaid purchase money, il any there be
due TO him, and such have preferable claim upon
| the House and Lot IN the proceedings mentioned {:
The Court, by the consent OF the parties, doth there
fore adjudge order and decree thai Hiram w. Daw-
son, who Is hereby appointed Commissioner for
the purpose, do after advertising the time aud place
of sale, for thirty days in The Lynchburg Vnginani
aud the like advertisement, on the front door of the
Courthouse ofthis County, proceed to sell, TO the
highest bidder, on a credit Of one, two and three
years. equal payments, the House and Lot in the
proceedings mentioned taking from the purchaser
or purchasers, bonds with good security retaining
also the legal title TO the property. I'LL the purchase
money be paid, aud report his proceedings TO the
| Cour'
The Court doth also Judge, order and decree,
that II be referred to Commissioner Sposwoed Gar
land, to take the debts aud proofs there
of charged upon the said property, by the said deed
also an account OF the Plaintiffs claim for unpaid
purchase money. All which accounts the said Com
missioner will lake. state, settle and make report to
the Court, with any matters specially stated, deemed
pertinent by himself, which may be required by
the parties 10 be so stated
i A Cbps-Testc
RO. c. CUTLER, Clerk.
CoMMlssioNEk's OfrlcE,(
Lovingston, May 80, 1880.
The parties interested in the foregoing decree, will
be pleased 10 take notice, that | have appointed
Thursday, the first day Of August next TO comnenc,
the taking the accounts therein directed, on which
day. by ten o'clock III the morning, they REQUEST
ed attend at my office. 10 Lovingston wlth thei
books, papers aud vouchers, and copies OF court pa
pers, prepared for examination and settlement.
SPOrSWOOD GARLAND, Comr.
\ June 81 Win