Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-03-18

Defendants.
On the motion Of the defendants, Elijah Fletcher a
Barnard Rucker to dissolve The njncton awarded
the plaintiff m this CAUSE, on the ninth day OF June
one thousand eighth hundred and thirty eight,
consider alton of the bill answers and exhibits filed
and after hearing counsel in opposition thereto, the
co ur is of opinion that the plaintiff and her hus-
band Abram X. Noril, acquired by the deed Of
Meredith Lambeth and wife, to Smith and wife,
North and wife and Echos and North dated the
oaJ Of October 1923, and filed among the papers in
his cause ion estate IN. aud TO one equal and I'M
divided ihird part OF the whole property conveyed
by that deed-that this right OF the plalnh and her
husband not in any manner altered or impaired
by the partition Of the whole subject among the Sc
yera pa,tcs and their deeds Of release 10 each other
in pursuance thereof but that Notwithstanding this
partition and these deeds Of release. tho plainlh and
her husband IN fact held the said third par OF the
property conveyed by Meredith Lambeth and wife,
by their deed, dated 23d October 1898 as aforesaid
by virtue Of aud under that deed. and the plain
til not having joined in the deeds OF trust mention
ed in the proceedings andhaving survived her said hus
band is now entitled to hold the said third part Of the
said property in fee simple W heteuroU the court doth
over rule the defendants motion to dissolve the in
iunct wardcd the plaintiff as aforesaid But the
court also Of opii ion, that by the deed aforesaid OF
Meredith Lambeth. dated October 23d, 1893, A =
BRAN X. 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-sx'll
part of the whole properly in that deed mentioned
IN addition The onelhlrd part thereof aforesaid &C
aiured Jointly with the plaintiff and rs II seems
probable that at the division aforesaid among the
parties aud the severance Of their interests IN the
said property there was allotted 10 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 tile ~ that the whole IS now
in the possession Of the plaintiff the court desires Ia
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 2;d October 1923, the
plaintiff hath in her possession, whether one
third par, lherco, only, in addition thereto the one
sixth part to which the SAID Abram X. North has
had absolute title and on the coming in OF said report
if IT shall appear that the property held by tho PLAIN
tiff comprise both her one third interest aforesaid
and also the sixth whch her husband had title
then the court, to that sixth part, will dissolve tn,
Injunction aud have the sold in satisfaction OF
the defendants debts, subject however, TO the PLAIN
lin's ehts Of dover therein. And the SAID Com
missioner is directed report specially any matte
deemed pertinent by himself required by the par
| ties or either of them to be 50 stated.
A Copy-Teste
DAVID ROBES, c. c.
CoMMissioNER's OrFIcE,
4