Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-02-17

A LLEGHANY C"euir Superior Couu of Law
fA1and Chanrefy, September urnl, 1889.
James Menys E,ecninrs. plaintiffs,
against,
Richard Smith, Defendant,
In CnANcERY.
James Meny's Executors, Plaintiff,
against
Richard Smith,. Defendant
~ CnANcERY.
These two causes by consent, this l9.h day of
September 1889, came be finally heard. upon
the bill answers rcplicaions thereto, depositinns
exhibits tn. original and amended reports OF master
Commissioner X ebert VI. Hudson. and were a,gued
by counsel, and the Conn Ea.ing at former term
acted upon the varIo,s ptions 10 The olei al
port, and fccommttted 81 d ,erort TO sad Cominis.
soncr, a more fully appe1is from memorandum
Of the Conri filed in lie papers, and HE SAID
mended report having been made and returned
in pursuance Of the principles aiore said set
lied by the Cuufi, aud there being no exceptions 10
said amrnted rel orr The same is hereby Confined.
II Is Therefore adJudetd, ordered and dccreed, that
The Plaintiffs recover Of the Defendant Richard
Smih, the sum of one bundled and three dollars
and seventy one cents, the balance by said amended
report ioand TO lie due with interest thereon
rem the first day fully, 1899, until paid. And III
'he "a caseihe Count OF opinion that the Plaintiffs
arc en'ed 10 specific execution Of tic contract ur
the sale Of Lots. numbers fifty five, fifty nine ard
sixty, but as To Lot, number twenty-six, The cvi-
deDce shows that the contact OF sale was rescinded
And II further Appearing by The wills Of said James
Mrny and Mary X. aleny deed, the legal tile 10
said Lots has passed 10 Samuel Meny and Robert
Keso. and the said Samuel Meny aud Il ebert keso,
having duly executed, ACKNOWLEDGED and flied IA
deed for said Lots 10 the said Smtb, TO whch there
is no exception Ii is Therefore adjudged, ordered
+ph decrced that The contract in The bill refeled
- FOR the sale OF Lot. number twenty six. be
:. inded. Aud the SAID contract 10 reference 10
sale of LOIS. numbers IS. SO aud 60, lie confirmed
and specifically executed by the said Smith. And
lsiurler adjudgcd, ordered aud decrced, that the
Plaintiffs recover of the said Smith, the sum Of
1868 70 cents. with interest on Sl67 so, parcel
thereof from the 2l>t January, 1885, uulil paid.
Aud interest $l67 80 cents, another parcel
thereof, from The 2st January, 1885, untl PAID aud
the Gusts IN this expended. And It is further
adJud-ed, ordered and deciced. thai unless the
SAID Defendant or some one Tor him, shall within
ninety days pay 10 the SAID Plaintiffs the said sum
OF $669 49, with interest aforesaid, and tie costs
aforesaid that Samuel b. Lowry, Deputy for John
Persnger. Sheriff OF this county, who hereby ap-
po'n'ed Commissioner for that purpose, do, alter
nav "g advertised the Time and place If sale, iof
''ur weeks successfully by advertisement pos ed at
'"e 'front.' door Of the Court House Of this unity.
'' IN some newspaper published in the town oil
Lyhehbuig. proceed, before The front door OF said
Nontl House, on some Couil day. 10 sell sand Lots.
VI 5" many thereof as may be found necessary to
"y Tue s'd debt, with the accruing interest there
on and the aforesaid. upon "A credit Of SIX,
we've ana eig heen months, taking bond with person
~ security from the purchaser purchasers. and
'e'"'hlng lien on said Lois for the purchase mo-
NY ,neieor, and that he report his proceedings 10
,''s |ohrt. 1t is further adJndged. ordered and
ueceed. thai the said Snilh have leave 10 withdraw
"e aeed hied Tor Lots Nos. So 50 and 60, upon
t'''ns AN ales'ed copy thereof with the Clerk, to
W ie'alned with The papers in this
Copy-Tesie.
ANDREW FUDGE. Clerk.