Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-04-08
Plaintiff,
AGAINST

Elijah Fletcher, William Rucker, executor of
William Rucker decd, Barnard Rucker, Jacob
Haas, Abon Mcdaniel and james Benagh,
Defendants.
On the motion Of the defendants Elijah Fletcher Il
Barnard Rucker, to dissolve the injunction awarded
the plaintiff IN this cause, the ninth day of June
one thousand eight hundred and thirty eight, on
consideration of the bill, and exhibits filed
and after hearing counsel in opposition thereto, the
court is of opinion that the plaintiff and her hus-
band, Abram Il. Moth, 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, 1893, and filed among the papers in
this cause joint estate ill., and to equal and I'M
divided third part OF the whole property conveyed
by that decd-that this right of the plaintiff and her
husband was not in any manner altered or impaired
by the partition of the whole subject among the Sc
veral parties and their deeds of release each other
in pursuance thereof, but that outstanding this
partition and these deeds of release the plaintiff and
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 andhaving survived her said hus
band is entitled to hold the said third part CT the
said property in fee simple ,whereupon the court doth
over rule the defendants motion to dissolve the in
junction awarded the plaintiff aforesaid But the
court is also OF opii ion that by the deed aforesaid Of
Meredith Lambeth. dated October 3d. 1923, A.
BRAN X. North. the husband OF the plaintiff and
who was member Of the firm of Echols q North
acquired an absolute right and title 10 one sixth
part of the whole property in that deed mentioned
IN addition to the onehrd part thereof aforesaid ac-
qured jointly with the plaintiff, and as it seems
probable that at the division aforesaid among the
parties and the severance of their interests ia the
SAID property, there was allotted to the SAID A :
BRAN X. North, not only the one third part held
jointly with the plaintiff, but also the sixth part to
which he had absolute title, & thai, the whole is now
in the possession of the plaintiff the court desires to
be informed on this point. Wherefore the court
doth order that, Commissioner Benagh do examine
into the same, and report TO the court what portion
OF the entire property conveyed by the deed aforesaid
OF Meredith Lambeth, dated 23d October, 1928. the
plaintiff hath now in her possession whether one
third part thereof only or in addition thereto the one
sixth part to which the said Abram r. North has
had absolute title and on the coming of said report,
ii shall appear that the property held by the plain
tiff, comprise both her one-third interest aforesaid
and also the one-sxh to which her husband had title.
then the court, that sixth part will dissolve the
injunction, and have the sold in satisfaction of
the defendants debts, subject, however, TO the plain
tlff's rights OF dover therein. And the said Com
missioner is directed TO report specially any matter
deemed pertinent by himself, required by the par
ties or either of them to be stated.
A Copy-Teste,