Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-02-13

n bLEGiiAkf Cifeuit Superior Courf OF Law
" aud Ghancery, September ierm, 1880.
James Menys Executors. Plaintiff,
against,
Richard Smith, Defendant,
James Meny's Executors, plaintiffs.
against.
In CnASoERr.
These two causes by consent, this oh day OF
September, 1889, came on to DO finally heard, upon
the bill, answers. replicaiions thereto dcposions
exhibits, The OH enal aud amended ieports of master
Commissioners Robert VI. Hudson, aud were atgued
by counsel, and tho Court having nj former term
acted nron the various exceptions 10 the original
port, al reeommlted sad report 10 said Connis.
sioner. as more fully arpe,s from memorandum
OF the Court filed IN the papers aud the said v,
mended report having been made out aud returned
IN pursuance OF the principles aioresnid set
tied by the Court aud there being exceptions 10
said nded rel orr. the same IL hereby confirmed.
1t is Therefore adjuigcd, ordered aud dcereed, that
the Plaintiffs recover of the Defendant Richard
| Smith. the sum OF one bundled and three dQllafs
and seventy cents, the balance by said amended
report loand 10 be due with interest thereon
from the first day Of July, 1870, unt paid. Aud IN
the I'd Cause.-The Couii is OF opinion that the plaintiffs
entitled 10 specific execution Of the contract for
the sale ot Lots. rumbers fifty five, 6ily.ninc and
sixty, but rs 10 Lot, number twcniy-six, the evil
dence shows that the contact Of sale was resciuded.
And II further appearing by the wills ot sud James
Mcny and Mary II. Mrny, deed, the legal title to
SAID Lots has passed To Samuel Meny aud Robert
kelso. and the said Samuel Meny aud Robert kolso.
having duly executed. acknowledged aud filed u
deed ior said Lots 10 the said Smuh TO which there
IS no exception. II ~ therefore adjudeed. ordered
aud deefeed that the contract IN tho bill referred
10 Tor the sale oi Lot, number twenty-s lx BIO re
secluded. And the said contract IN reference 10
sale OF Lots, numbers SIS, 80 and 60, lie confirmed
aud specifically executed by the said Smith. And
Ills further adjudged ordered aud decrecd, thai the
'hinlilis recover Of The said Smith. the sum III
1900 81 eents, with interest an Sl67 so, pafc,
thereof, from tho 2lt January, 1896, until paid
And interest ON Sl67 so cenls, another parce
thereof, from The 2is January 1886 until paid,
the Gusts In This case expended. Aud It is turtle
ndjndged, ordered aud dccrecd, that unless I'll,
sald Defendant pr some one for him, shall within
ninety days pay 10 the said Painlins the said sun
OF 5000 75 with interest as sin,esad and tho cost
aforesaid ,ha, Samuel Il. Lowry, Deputy Tor Joh
Persnger. Sheriff OF this county, who IL hereby ap
pointed Il Commissioner for that pufrusc do, ale
having advertised the time and place If sale, 10
four weeks successfully by advertisement posted u
the front door OF the Court House of this county
and IN some newspaper published in the town o
byncllbuig proceed before the front door OF sal,
Court House, on some Count day. 10 sell said .ois
or So MANY thereof as may be found necessary I,
pay the SAID debit with the aeclsing interest there
on, and tho cost aforesaid, upon n credit of six
twelve and eighteen months, taking bond with person
al security from The purchaser or purchasers. an,
+ retaining lien on said Lots for the purchase mo
ney thereof, and that hc report his proceedings Il
this Cnnr. IL Is further adjudged. ordered M,
dccieed, thai the said Smith have leave To Withdraw
the deed filed ior Lots Nos So. 50 and CO. upol
leaving an ai,esrd copy thereof with the Clerk II
be retained with The papers in this cause.
Copy--1'es,e,
ANDREW FUDGE. Clerk.