Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1840-03-09

against,
Richard Smith, Defendant
Is CnANCERY.
These two CAUSES Ly consent, this loh day Of
September, 1899, came to he ipallv heard upop
the bill atswcis, feplicatot thereto dispositions
tnbbt>, thu Original aud amended reports Of master
Commas oncr Robert VI. Hudson, and were ~ gucd
by counsel, AMI lie Count having "A a former Term
acted upon the various exceptions the original re
por'. AID teeommned 81 report to SAID Com,nis.
sooner, as more July apPens ltom memorandum
u The Count Il cd IN ;ac pers, aud the SAID
mendcd report having been made out aud returned
IN pursuance ui The principles 50 as aiorl sad
tied by the Court and there being exceptions 10
sad amended relort, the same hereby confirmed.
rs therefore adJudgcd, ordered aud decrred, that
the Plalntts recover OF the Defendant Richard
smith, the sum Of one bundled and three dollars
and scventyonc cents, the balance by said anne nded
report ioand TO 10 due with interest thereon
from The first day Of July, 1899, uuu paid. Aud IN
the 2d casehe CouIt is oil opinion that The Plaintiffs
are en'led 10 specific execution OF the contract for
the sale OF Lots. rumbcfs fifty five, fifty nine and
siNty, but rs L. Lot. number twenty-six the evil
dencc .hnms thai the contract OF sale was rescnded
Aud II further appearing by the wills OF said James
Mrny aud Mary X. MeHy, deed. the legal tile TO
sad Lots has passed TO Samuel Meny and Robert
kelso. and tho sud Samuel Meny AID Il obeft Keso
having duly executed, Acknowledged and filed a
deed Tor said Lots 10 the said Smnh TO bch the n,
/. no exception. 1t is therefore adjudred ordered
an ucClttu (ha lnc contract In The oil fefereu
To Tor the sale OF Lot, number twenty SIX, be re-
sclndcd. Aud the said contract in reference To
sale OF Lnis numbers SIS. 50 aud 60, be Confirmed
and specifically executed by the said smith And
us further adJudged, ordered aud decrced iha, the
Paintlls recover OF the said Smnh the sum of
S669 rs cents with interest on SlG7 so, parcel
thereof, from the 2it January, 1886, until paid
And interest on SI67 SO cents. another parcel
thereof from the 2lsl January, $50, until pad and
the costs IN tins case expended. Aud It is further
adjudged, ordered and decreed, that unless the
SAID Defendant ~ some for him, shall within
ninety days pay 10 the SAID PainIiis the said sum
Of 5000 75, with interest," ,loesaid and The COSTS
aforesaid, that Samuel b. Lowry, Deputy for John
Peisiugrr Sheriff oi this county, who i, hereby an
pointed Conmlssonsr Tor that purpose, do, aft et
having advertised the tme aud place II sale, 10,
tour weeks sncctssWely by advertisement posted II
aud Ia some newspaper Published in the town of
bynohbuig. proceed, bciuIe the front door OF sand
CoaIt House, on some Couu day, % sell said l. ots
NJ 81 many thereof as may be tounJ necessary TO
pay the SUD debt, with tie accruing interest there
"n, aud the cost aforesaid, upon "a credit of six
Twelve and eighteen months, taking bpud with person
Al security from tie pare haser or purchasers and
re alnmg lien On said Lots for The purchase mo-
ney thcteoi, aud that lac repo,l his proceedings TO
thls Couit. IL Is further adjudged. ordered and
deeleed, ilat the SAID Suilh have leave 10 Withdraw
he deed filed Tor Lots Nos. SIS. SO and 60, upon
leaving an aiesed copy thereof with the Clerk, To
be telaned wtlb the papers III this cause.
Copy-feslr.
ANDREW EIfDGE Clerk