Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-02-20

A LLEGHANY Cucuit Superior Gourl Of Law
IA aud thanrrry, September term, 1889
James Menys ,ecuturs. plaintiffs,
against,
Richard Smith, Defendant,
IL CnANcERr.
James Meny's Executors, Plaintiffs
against
Richard Smith, Defendant
IL CHANcERY.
These Two causes hy consent, this 18Th day Of
September, 1899, came 10 oe finally heard, upon
the bill. answers, rcplicaohs thereto, dispositions,
exhibits, the original and amend reports OF master
Com,miss oner Robert W. hudson. aud were aignrd
BY counsel and the Conu having AT a former TERN
acted upon the varnus exceptions 10 the oigta al re-
pori, aud ircommhitd 81 d report TO SAID Conlins-
s,oner. as more tally appens from memorandum
81 the Coun filed III tie papers, and The said a
mcndrd report having been made out and returned
in pursuance III the priHci les aiort said
tied by the Courl, and HERE being exceptions to
,ald atnr nded rel orr, the is hereby oot med.
II IS Therefore ad judy, Il, oldeed and dccreed, that
the Plaintiffs recover oil the Defendant Rlchard
Smuh The sum Of one huI d ed aud three dollars
aud seveny-one cents, the balance by sad amended
report found to lie due with interest thereon
from the first day Of July, 1899, until paid. And III
the 2d case.thc Count OF opinion that the PIauts
are entitled 10 spec ie execution OF tie contract inr
the sale Of Lots rnnbers Gny five, fly nine and
sxy. but rs 10 Lot number twculy-six, the evil
dence shows thai The connact OF sale cinded.
And II further appearing by he wills OF said James
Mcny and Mary X. ileny, decd, The legal tile to
said Lot. has passed to Samuel Meuy aud Robcr
k-so. and the said Samuel Meny aud Il obeu kelso
having duly executed, acknowledged and flied u
deed i"r sad Lots 10 the SAID Smirh. to which there
IS no exception. il is theIelute adjudged ordered
and dccreed, thaf The contract IN the bill reieled
To for the sale Of Lot, number twenty six. be re-
scindrd Add the SAID contract in reference 10
sale OF L"s, numbers 80, SO aud GO, be confirmed
and specifically executed bV the SAID Smith. Aud
ms further adJudeed ordered aud decreed, that the
Flalnis recover Of the SAID Smith. the sum of
$obs rs cenis, with interest on Sl67 so, parcel
'here"'' from the 2l>r January, 1886, until paid.
Ana interest on $l67 so cents, another parcel
thereof, from i'r 2ls January 1896 until Iaid and
tlr COSTS III this case expended. Aud lurihrl
adJndeed, ordered and decieed, that unless tie
SAID defendant Dr somc one for him, shah within
ninety days pay 10 The said Plaintiffs the said sum
OF 1909 70, with Interest alolesad. and the Gusts
aforesaid that Samuel b Lowry, Deputy for John
Persnger. Sheriff Of THIS county, who is hereby ap-
pointed Commissioner for that purpose, d.. after
ehav n2 advertised the iimc and place Il sale, ior
tour weeks successfully by advertisement pos ed at
the front do0r OF the Couu Iouse of this C. uniy,
and IN some newspaper Published in the town OF
Lyno!bmg. proceed, b,lure The itont door of said
Count House, on some Count day TO sell sand Lots.
or So many thereof rs may be found necessary to
pay the nd debt, with the rniug interest there
on, aud the cost aforesaid, upon credit of six
twelve and eighteen months, taking bond with person.
nj security IRON the purchaser or purchasers. and
retaining a lien on SAID Lots for The purchase mo-
ney thereof, and that lac report his proceedings to
ms Court 1t Is further adudged. ordered aud
dec,eed, that the said Smith lave leave to withdraw
The deed filed ior Lots Nos So. SO aud CO. upon
leaving an attesed copy thereof with the CLERK, to
be retained with The papers in this cause
Copy-Teslr.
ANDREW FUDGE. Clerk.