Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-03-25
Plaintiff,

Lynchbu,g at the court house, in the said town, on
Thursday, the 25th day OF October, 1888, sitting as
a Court of Chancery
Sarah L. North, Plaintiff
Elijah Fletcher William Rucker, executor of
Wnlam Rucker, decd, Barnard Rucker, Jacob
Haas ALBION Nc Daniel and james Benagh,
Defendants.
On the motion OF the defendants, Elijah Fletcher
Barnard Rucker, to dissolve the injunction awarded
the plaintiff IN this cause the ninth day OF June,
one thousand eight hundred and thrty-eight, on
consideration of the BILL answers and exhibits, flied,
and after hearing counsel in opposition thereto the
court is OF opinion that the plaintiff and her hus-
band, Abram r. North, acquired by the deed OF
Meredith Lambeth and wife, to Smith and wife,
North and wife, and Echols and North, dated the
23d of October 1898, and filed among the papers IN
this Joint estate in, and to one equal and I'M
divided third part OF the whole property conveyed
by that deed-that this right Of the plaintiff and her
husband was not in any manner altered OF impaired
by the partition of the whole subject among Tue Sc
yera parties and their deeds OF release TO each other
in pursuance thereof but that notw outstanding this
partition and these deeds Of release, the plaintiff ana
her husband in fact, held the said third part OF the
property conveyed by Meredith Lambeth and wife,
by their deed, dated 23d October, 1928, as aforesaid
by virtue of and under that deed. and the PLAIN
tiff not having joined in the deeds OF trust, mention
ed in the proceedings andhavng survived her SAID nus
band is entitled to hold the said third part oi tle
said property in fee simple ,whereupon the court doth
over-rue the defendants motion TO dissolve the IN
junction awarded the plaintiff as aforesaid. But the
is also of opi ion that by the deed aforesaid OF
Meredith Lambeth. dated October 23d 1923, A.
BRAN r. North the husband OF the plaintiff. and
who was a member of the firm of Echos " North,
acquired an absolute RIGHT and title 10 onc-sxth
part of the whole property in that deed mentioned,
addition to the one third part thereof aforesaid
quied jointly with the plaintiff, and as 1t seems
probable that the division aforesaid among the
parties and the severance of their Interests in the
said property, there was allotted TO the SAID A
BRAN Il. North, not only the ODe-thlld part held
jointly with the plaintiff but also the sixth part 10
which he had absolute tile that the whole is now
in the possession of The plaintiff; the court desires to
be informed this point. Wherefore the court
doth order that, Commissioner Benagh do examine
into the same, and report to the count what portion
ofhe cGtire property conveyed by the deed aforesaid
of Meredith Lambd H. dated 23d October 1898, the
plaintiff hath now III her possession, whether one
third part thereof only or in ad6on thereto the one
sixth part to which the said Abram r. North has
had absolute title and the coming in Of aldreport,
if shall appear that the property held by the plain
tiff, comprise both her third interest aforesaid
and also the one-sxh to which her husband had title.
then the court, to that sixth pau, will dissolve the
injunction, aud have the sold in satisfaction OF
the defendants debts, subject, however, the plain
uii's rights of dover therein. And the said Com
missioner is directed report specially any matter
deemed pertinent by himself required by the par
ties either of them to be so stated.
Copy-Teste,
DAVID ROBES, C. c.