Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-04-01
Plaintiff,

ynehbulg. the courthouse. IN The SAID town, on
Thursday, the 18th day Of October, 1858, s'ttng as
Il Court Of Chancery
Sarah l.. North Piaintiii,
Elijah Fet cher, William Rueker, executor oil
William Rucker. decd. Barnard Rueker, Jacob
IL as, Abon Nc Daniel aud james Benagh,
Defendants.
On the motion oi the defendants, Elijah Fletcher x
Barnard Rucker, TO dissolve the injunction awarded
the plaintiff in this cause on the ninth day OF June,
one thousand eight hundred and thirty eight, on
consideration ui the bill answers and exhibits, hled,
and after hearing counsel in opposition thereto the
court is OF opinion that The plaintiff aud her nus
band, Abram X. Moth, acquired by the deed oil
Meredith Lambeth and wife, 10 Smith aud VIE,
North and wife. aud Echols and North, dated the
23d OF October ls23, and filed among the papers IN
this cause Joint estate IN, and 10 Que equa' ana nn
divided ihird par, OF the whole property conveyed
by that deed-tlat this right OF the pIanti anu Der
husband was not in any manner aliereu vi '"P'''e"
by the partition of the whole subject among the Sc
yera parties and their deeds of release 10 each other
IN pursuance thereof, but that ot"iills'andlng 'hs
partition and these deeds Of release The paI'iii ana
her husband IN fact held the said third part oil te
property conveyed by Meredith Lambeth aud miie'
by their deed, dated 23d October. 1928. as aforesaid
by virtue of and under that deed. and tue plain
TIFF not having Joined in the deeds OF trust mention
ed the proceedings andhavng survived her SAID nus
band is entitled to hold the SAID thrd part Ci the
s1id propery ia fee simple whereupon the court doth
over rule the defendants motion 10 dissolve The IN
junction awarded the plaintiff as Aforesaid But the
court is also OF op ion, that by the deed aforesaid Of
Meredith Lambeth. dated October 23d, lo23, A
/ BRAN K. North. the husband OF the plaintiff. and
who was a member of the firm OF Echols " North,
acquired an absolute RIGHT and title 20 one-sxlli
part of the whole property in that deed mentioned,
IN addition the third part thereof aforesaid ac-
quried jointly with the plaintiff, and as 1t seems
probable that AT the division aforesaid among the
parties and the severance Of their interests in the
said property, there was allotted TO the sad A
i BRAN X. North, not only the one-third part held
Jointly with the plaintiff but also the sixth part 10
which he had absolute title, q that the whole is now
in the possession of The plaintiffs the court desires 10
be informed ON this point. Wherefore the court
doth order that Commissioner Benagh do examine
into the same, and report 10 the court what portion
OF the entire property conveyed by the deed aforesaid
/ of Meredith Lambeth dated 23d October 1923, the
i plaintiff hath now in her possession, whether one
third par, thereof only, in addition thereto the
sAtii cart to which the said Abram Il, North has
had absolute title and the coming in of saidr report
if il shall appear that the property held by tho plain
Tiff, comprise both her one third interest aforesaid,
and also the sixth TO hich her husband had title
then the TO that sixth part, will dissolve the
injunction, and have the sold in satisfaction OF
the defendants debts, subject, however to the PLAIN
tufts rights Of dover therein. And the said Com
missioner is directed 10 report specially any matter
deemed pertinent by himself required by the par
ties or either OF them to be stated.
Copy-Tesir,