Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-08-15


On Monday the s,L day Of June, 1882 sitting as a
Count OF ChaDcery.
John Thompson, Jr. Pit.
against
Charles Mckinney, Thomas Mckinney, and
John Mckinney. executors OF William Mehln-
ney. deed. Samuei Branch, Jnnos A. Clay,
Joel Mckinney. William S. Dineud, john Hughes,
L,nneus d puy. DAVID Bridges and Martha
his wife, Peer Mckinney. and The President. Di-
feclors and Company Of the Bank of tue United
States Dells.
The defendant Llnrans Dupuy. who is out Of the
county. aud against whom The plaintiff appears to
have proceeded prescribed by law, stil failing 10
appear aud file ms answer; on motion oi The plain
un. by counsel, tie ContI doth lake his bill for
lessed to the said Lunaus Dupuy. The sub
pGnas which issued in this cause, bearing date ON
the 23d day of December, 1897, aud The lsi OF
january. 1888 aud which appear 10 have been duly
executed upon the deiendInts Charles NJ Kinney.
JunuS A. Clay. joel Mckinney, William S. Diu-
guid, John Huehes aud Peter Mckinney, aud more
than four months having elapsed well since the
return-days OF Tie shbumnas, since the fling OF
the plaintiffs bill, aud the sad defendants still failing
10 appear aud file iher answers: o. The motion OF
The plaintiff. by counsel the Coun doth take his bill
for confessed ;he said last mentioned de-
fendans: "hcrenpon the cause came IN be
heard upon The bill, the answer OF the Presiden,
Directors Company Of the Bank oil the United
States, the answers of the defendants John Nc
knney, Thomas Mckinney, Samuel Branch, aud
David Bridges and Martha ms wife, wllh rrp-
cations seVefally lhereunfo made by the plaintiff
ccpt to tile answer OF the Bank OF tie UDted States,
EXHIBITS the examinations of Witnesses and was ar
eued by counsel: On consideration whereof the
Cont beng al opnun that the finding of the Jury
the udgme nj there n in the Federal CourI in ia
sor OF the eAors. Of William Nc Kinney on their plea
OF my administered preGlndes aud estops the
plaintif from claiming any ding except for
r0rs in calculation, on acconut Of The s,,bierfs
! cOmpreheuded aud specified. in tn. exernio,'s
account settled and recorded bef5te the date
OF sata Jads ment--aud # this were MOI so, vet
thai lhe several debts " Inc are CHARGED in the sr
lied accounts Of John Mex lnnty, one of the exots
OF " lilIan Mckinney deed. IS heinz dne N Tire
name OF William NJ rnney & Co. riel,t r, htl,llv
be paid that executor nut of The asset, al Iis ,rsia
and Char1 ed III hs sud rNe,utofial accou,,ts he
cause the SANE are sas(tetufiI, ,tyro u, h 90 bpsn
Ire proper individual drhls of ~ llll,.n NeK;nnev
and The plaufG h,v.l,u ta,,.d nc any o. tt,.,,, a.,
ileuce 10 sustain his specific items Of snrcl,,ree
aud Justification of lbe sad exerut,,. ss,,i.l -.
counts, lie Coutt doth decide thai II - uot canine
tcnt for the painiIf 10 oacn CHARGE aud sify line
sand settled accounts ul the exerntor of lobn Al.
Kinney. h3cl bad been settled and ,ecnr,ie, h.r,.o
lie GudlB Of the Jury and The ia p,uent or the Fed
er1 Court alnresaid aud doth accordingly refnsp +,
permit the sane be opened. But the ,,Iaintlft
! having 4 riglI 10 an account of the exec nt,r,I
| transactions which have h3upeued ,uhxronen, =, ,l
/ hrncr settlement al IN relation ia s,,tiee.s ma,
comp ehendrd ~ spec fled therein the Cam, d,l,
admdee. oldrr# and declee that the cxeruto,s ,lo
rentlcr before one Of III p Con,,,;.i ne,sor,i O.,
\ further account of administrative, IN rio ,s,,,
ier alton ln wltieh aecunnt shall he stated isi
lraasaGttoAs SUBSEQUENT IN The f,rppnin, reco,daa
sottement passed upon by The Federal mn \ brn4,
lug down their SID uansactfons 10 The dam or he
/ account hereby ordered, in which accoup, may h..
nCluded dIls oIhpr as PIG nj tte 1est4,o,,i.l H..
come TO the lleds Of ms eYar,ttay =, a., in, -.
ms death and :, Inch ,ye,e NJ ,,,,, t . H.
i ,elflcd and r. corded =, r,,,,,, I'D Al " ~
pl,uiitl may bertioe II, ,e,,.,.a -, ,Lo a,, IT,, -
sats of ti,,. isst,l,, ,,,,,,s H. H.. :, -. '
faction ri f#is drt,a,aI nnt - ,l, It - 10
! may htvr an ,,cc,,,,, =, -, -
,nafiaIlr a.. etc .,I., .,,t..,t.., -
t{lat lunJ ~ h,cI l,,,i -, -, - =,
it,te tI,. b,,up,,,, 81 l,,s,,, -
SURE mi T. ~ ,I, my " o" 70
zen, of cht,y. ,.,,,,,g,,.f =, =, In ' ~ ~
appareut error ,f Ito C,,o : 49,, =, I : - -,
! be ,banoe Ms G,,,,# a., ,.,,. Nv " -"
oarl,no Al, VII ~ A, 4, - ''' ""99 ~
aud contyol1,p,,# ,I.. ,l,;, " So '''"E
SETS Nhe,ef,,,, H., -, Il 10
.ottIer and d..,.o Nv, " "9"uS''
Kinney do ren,i.., 49, , -, !, , ~ ''' ~
p,,ssio,sr + ,l,. ,,,,,,.t.1 - SUI ''
II, nm, i.,I, =, il -, "'" u'Ne 'o'e
,,l, .i. " "'"'''s't'e" upon NE lii"e'-
hove 49, ' !" '"o l''"' III "tsf'he IT. may
tbe ,1e ,,'sfG'h'le ',"as"cuonS Oh
Jim M,K,nrey a. i' ,Wn nch,nnes OF
X Gu, aud ui he remaining real estate or ,vI,;i
William Mckinney died seized and pnssesseJ If aIy
there be, not embraced by The former seiIled ar.
counts; aud 10 this and the said executors are di-
reettd 10 produce before the commissioner who
Sldi' take the said accounts, the partnership books