Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-03-05

N
"A aud Chanrers. September term, lsJ9
James Meny's "emnr.. Piain'iii'
against
Richard Saiith. Defendant
IL CHsNcrnr.
James Meny's Executors, szPlainIibs
ogdind,
Richard Smith. Defendant.
l. GHsScERr.
These two causes by consent this 10Th DAY OF
september, s39 came on TO be 6aaii, heard, upon
The bill. answers. replieaons thereto. depositons
exhibits ih- siaal aud aIneord sporls OF master
Coninliss R,tben VI. Hudson. aud we're argued
by counsel, and the Couu having AZ former tern
acted nron the various exceptions TO tile otiR al re-
port, aud recommttsd sad report to SAID Cofnnis-
soner. more fully appeis from memorandum
Of the Couu filed 10 lie papers, and the SAID a
mepJcd feporl having been made out and returned
IN pursuance of the principles AFORESAID set
lied bs The Court, md there being exceptions TO
said am ndtd rel or, The same - hereby confirmed.
II Is thttco sdudged. ordered and decreed. tibet
the Plaintiffs recover of the Defendant Richard
Smith. the sum OF one bundled and three dollars
aud seventy cenis. the balance BY SAID amended
report ioand TO lie due with interest thereon
ir.n the first day of July, 1899, until paid Aud 10
tic 81 essr.ibe Couft OF opinion that the PlaIntis
eniIled ia specific execution nf the contract ior
tie sale of Lots. Plumbers iny five, fty-filne aud
sisis. but as % Lot. number tweniy-sis the evil
denee shows that lie act OF sale rescinded.
Aud further appearing by The villa oil SAID James
Meny aud Mary X. deny. deed, The legal title TO
SAID Lots has passed 10 Samuel Mcpy aud Robert
kelso. and the said Samuel Meny aad Robert ke!so,
having duly executed. ACKNOWLEDGED aud flied n
deed Tor said Lots the said Smnh. 10 which tlere
is exception. II is therefore adj I'D sed, ordered
and decfeed, that tbr the bill referred
10 Tor The sale OF Lot, number twenty be re-
srinded. And the said contract IN reference TO
vale OF Lots, numbers 30 80 aud CO. be confirmed
and specifically executed by The sad Smith And
- further adiudnrd ordered aud decreed that the
Pl.inlifls recover of the said Smith. The sum of
5000 Is cents, With interest on sl67 so, parcel
thereof. from the 2ia January, 1896. until paid
Add interest Sl67 80 cents. another parcel
thereof from the 2isi January lS36, until paid, aud
lie sosfs Ia thus expended. And II IS further
adJudErd, oedefed aud decreed. that unless the
SID Deisndsnt some for hun. shall within
sinFiy days pay the SAID Plaintiff Tie said sum
uf st69 -, ~th interest," liutesaid and the costs
aafssaij. that Samuel u. Lowry, Deputy for John
Per.lnger. Sheriff Of this county, who Is hereby APP
pointed Commissioner fot that purpose, do, after
having advertised the lime aud place Il sale, Tor
four weeks successfully by advertisement posted AT
the front door Of the cuurt House of this UNITY
and 10 some newspaper published IN the town Of
Lsnobbmg. proceed, before The front door OF said
ioutt House, on some Court day. 20 sell SAID Lots.
OF 81 many thereof As may be found necessary to
pay the SAID dehl, with lie accfung interest there
on. and the cost aforesaid, upon credit of SIX,
twelve and eighteen months, taking bond with person
al security from the purchaser or purchasers, and
retaining lien on sad Lois FOR The purchase mo
nes thereof, aud that lac report his proceedings to
tn. Court. IL is further adjudged. ordered aud
deeeed. that the SAID Smith have leave 10 Withdraw
leaving an aiieslcd copy thereof with the Clerk, to
be ietained with the papers in this cause.
Copy-fesie.
ANDREW FUDGE. Clerk.