Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-04-15

! Bena0H,
Defendants.
On the motion Of the defendants, Elijah Fletcher
Blruard Rucker, 10 dissolve the injunction awarded
ihe plaintiff IN this cause, on The ninth day of June
one thousand eight hundred aud hrly- eight,
consideration Of the bill, answers aud exhibits, filed,
and after hearing counsel in opposition thereto the
court is OF opinion that the plaintiff and her hus
band, Abiam K. North, acquired by the deed Of
Meredith lambeth and wife, 10 Smith and wife,
North and wife, and Echols and Moth, dated the
23d of October, ls23 and filed among the papers in
this cause Joint estate ill., and equal aud un-
divided third par, OF the whole property conveyed
by that deed-tha thus right of the plaintiff and her
husband was not in any manner altered or impaired
by the partition OF the whole sub eCt among the
veraI parties and their deeds OF release each other
! in pursuance thereof, but that notw 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, 1923, aforesaid
by vlrtue If aid under that deed, aud the plaIb,
tltf not having joned in the deeds of trust, menos
ed the proceedings andhavng survived her said hus
band,is eniIrd to hold tie said third part CT the
said properly IN fee simple, hereupon the court doth
over rule lie defendants motion TO dissolve the in
junction awarded the plaintiff aforesaid But the
court is also Of opl ion, that by the deed ac resad of
Meredith Lambeth. dated October ODD, le23, A.
BRAN r. North. the husband OF the plaintiff. and
who was member Of the finn oil Echnls q North,
acquired an absolute right and title 20 one-sixh
part of the whole properly in that deed mentioned,
IN addition to The one third pant thereof aforesaid ac-
qured jointly with the plaintiff. and ii seems
probable that al the DIVISION aforesaid among the
p'itIes aud the severance IT Their Interests in the
said property, there was allotted to the SAID A
BRAN Il. North, not only the one third pant held
jointly with the plaintiff but also the SIKH part TO
which he had absolute tile, & that the whole is now
IN the possession of The palnrl 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 entire property conveyed by The deed AFORESAID
of Meredith Lambeth, dated sd October, 1923, The
plaintiff hath now in her possession, whether one
third part thereof only, or in addition hereto the one
sixth part TO which the sad Abram X. Norm HAS
had absolute ue and the coming in OF SAID report,
II It shall appear that the property held by ire pam
Tiff comprise both her one-ihird interest aiofesa"
and also the e-sxb hich her husband had utie
then the court, that sixth part, VIII dissolve inc
Injunction aud have the same sold in satisfaction oil
the defendants debts, subject however, TO the PLAIN
till's rights of dover therein. And the SAID Com
missioner is directed TO report specially any matter
deemed per,inen, by himself required by the par
ties either of them to be so stated
Copy-Tesie
DAVID RODES, c. c.
CoMMIssloNERs OFFICE,
L,nchburg, March Is, 1889.
The parties this cause will take nol'ce' '"
have appointed Friday, the 26tli day OF Apr' htN''
to commence the report drecledhy the foregoing
order Of court; on which day, at the hour oil 'o
o clock in the morning they are requested 10 a''"
at my office, in this town. with their proofs ahu.
pies of court papers prepared for examination anu
report JAMES BENApii''
March lc vi"