Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1841-09-16
August S.

VlKGlNIA.-Ata Circuit Superior Court of Law
anu Chancery held for Augusta County, at
the Court House, Thursday, June tho 18th,
James Rankin-Plaintif-
AGAINsr
Thomas Brown, Martha Brown. widow of Jobn
Brown, decd. and Robert, Elizabeth and Mar
ina ). brown, children and heirs of said John
brown, Samuel G. Brown, son of Samuel
brown, John Brown and Erastus and Samuel
McCuliis, infant children of Sally McCullis,
decd. daughter of said Samuel Brown, John
brown the son of William Brown, decd. and
Patrick Hays and Jane his wife-Defendants.
inns cause came on to be heard this 18th day
OF June, 1871, on the bill taken for confessed as
10 THOMAS Brown, who has been duly served
WIN process, and an order Of publication duly
made againstthe others who are absent defendants,
anu upon the exhibits and dispositions of Witness
es, and was argued by counsel On consideration
"nereof, and by consent of the parties by coun-
sci, the Court doth order, that this cause be re-
'efred TO master commissioner Samuel Clarke.
VINO shall take an account Of the rents and profits
OF che land In the bill mentioned during the time
no the SAID defendant Thomas Brown has been
In possession thereof, distinguishing however the
rents and profits accrued prior to the death of Jane
brown, the mother OF the intestate Ro. Brown.
from those which have accrued since her death
and the said commissioner is further directed to
state an account of the permanent improvements
placed on the said land by the defendant Thorn
| as A. Brown, and also statement shewinp the
vaiue OF the improvements at the time the said
| Thomas Brown got into possession and their pre
sent Saiue-and that the said commissioner be
allowed to proceed, having first given personal
notice to the Plaintin-and to Thomas Brown of
the time and place of taking the account, and
having published the same for six weeks in the
Stanton Newspaper as to the absent defendants
IL is further ordered, that Samuel E. Clarke
Samuel Clarke, Jacob Dumgardner and WIN.
Wii'son any three OF whom may act, be, and thew
are hereby appointed commissioners, whose duty
1t shall be 10 go upon the land in the bill mention
ed, having first given the same notice as ia
hereby required for the taking of the account
and make partition of said land among those enti-
lied to the same, laying of the part claimed by
the piaintf next to the lands Of VIM. Gibson, to
whom he is said to have contracted 10 sell the
same, and in such convenient form as to suit the
lands of said Gibson, if that can be done without
detrlment to the rights of the other claimants
ana That they may make report to this Court in
order to further proceedings herein, and on the
motion of the defendant Brown by counsel. he
hath leave to appear and file his answer.
A Copy-Teste,
II. Fl. KiNNEY,D.c
.Ea3 The parties in this cause are hereby no.
tilted that will attend at the House of the defen-
dant Thomas Brown, in the County of Augusta
on Monday the II th day of October next, for the
purpose of obtaining the evidence necessary to
enable me to state the account required by the
above decree. and afterwards on Monday the 9Th
day of the same month at my office in Staunton,
will proceed to make up the said account.
SAML. CLARKE, M. Com'r.
The undersigned Commissioners, hereby notify
the parties in the said cause that they will attend
on the land in the bill and proceedings mention
ed, on Tuesday 10Th day of October next, for the
purpose of making the partition required by the
above decretal order.
SAMUEL f. CLARKE,
SAMUEL CLARKE,
JACOB BUMGARDNER,
WIN. WILSON.
Stanton, Aug. 90, lS4I