Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-03-02

against,
Richard Smih, Defendant.
In CnAScERr.
James Meny's Executors, Plaintiffs.
against,
Richard Smith, Defendant
IL CntNcERr.
These two causes by consent, This 10Th day of
september, $50, came on 10 be fnaliy heard upop
the bill, answers, repcatioHs thereto, deposions
exhibits, the oiIgina aud amended reports Of master
Commissioner Robert VI. Hudson, and were pued
by counsel, and the Couu having NJ n former term
acted upon the various exceptions 10 the original
pou, aud fecommltted sa d report 10 said Commits.
s'oner as more fully appelts from a memorandum
oil The Court filed IN tic papers, aud the SAID
mendcd report having been made out aud returned
IN pursuance Of the principles as AFORESAID SCI.
tied by the toun, and there being exceptions 10
SAID ape nded rel ort. the ~ hereby confirmed
II Is Therefore adJudgrd, ordered aud decfecd, thai
The Plaintiffs recover OF the Defendant Richard
Smnh, the sum oi one bundled and three dollars
and seventy one GEMS the balance by said amended
report ioand 10 he due wnh interest thereon
lrom The FIRST day Of Jnly 1889, unul paid. Aud Ia
the I'd case. the C"u ~ OF opinion that The plaintiffs
are entitled toa speech execution Of the contract ,
the sale rf Lots. numbers fly five fly nine AID
slxty, but MS 10 Lot, number rwcuIy-Six, The eyi-
ence shows ths The contract OF sale was resemble
And II luther appearing by The wills OF said > ,,,.
Mrny aud Mary X. Meny, decd the lepl ,,,l -,
sad Lois has passed 10 Samuel Men, and Roheu
h''so' anu 'he s'ih oatlu'l HenF I'D Robert kslso
having 'u'y executed ackh' .icdced aud filed a
"e'" ''' S'u LUIS 10 me sdd Smth. TO which the re
IS no exception. j. IS therefore adiudped o,d.,ed
'ha "ee'eeo' 'na' Or contract in the bill referred
=" ~ 9'' '"'' 81 Lot, number twenty SIX. be re-
sclp'en' And the sand contract 10 reference To
vac OF LpIs, numbers 3D. 80 aud GO he confirmed
II specifically executed by the SAID Smlh. And
is luloet adJudged, ordered aud decreed thai the
! flaInnH1 recover Of the said Smilh, the sum ol
Sbb9 20 cents, with interest On SI67 So parce
thereof, from the 2lS January, 1886, until pad
And interest on Sl67 80 GEMS another parcel
thereof from thu 2ls January, 1896, until paid and
tue costs ~ Tins case expended. Aud II is further
adlndged, ordered aud decleed, that unless the
SUI Dclenuah or some one for him, shall within
ninety days pay to the SAID phinrin tho said s,,,
OF S669 10 with interest as ,loIesald and the costs
4. of'sald that Samuel b. Lowry, Deputy for John
] Persiuger. Sheriff OF tins county WIN j. he,,h, an
pointed COMMISSIONS for that purpose, do after
/ hay ng advertised the time aud place # sale f.,
four weeks suceesssely by advertisement posted a,
i the front door OF the Couft House of this County
! and IN some newspaper published in the town oil
bynchbuig, proceed, before The front door Of said
Count House, on some Coun day. TO sell sntd Lois
or So many thereof as may be found necessary 10
pay ihes'id debt, with the accis iug interest there.
on. and The cost aforesaid, upon credit of SIX
twelve and eighteen months, taking bond with person
NJ security from the purchaser or purchasers and
| retaining henon said Lots for The purchase mo.
ney thcieCf, and that lac report his PROCEEDINGS !,
tins Court. Ii is further adiudged. ordered and
decIeed, that the said Smith have leave TO thdr,u
! the deed filed Ia, Lots Nos. 90 SO and 60, npor
leaving IN auested copy thereof with the Clerk Ia
be retained with The papers IN this cause
Copy-'Feste.
ANDREW FUDGE, Clerk.