Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1842-06-09
M CH.4NcERY.

INN motion Of -- Buck and - Herr
~ partners, trading under tho name and arm
Of Buck g. Herr, leave il given them 10 6le
their petition, praying 10 b. made parties de-
PENDANTS 10 these causes severally, who accord.
ingly hlsd THAR petition-4-srd ihsreuponE il i,
ordered that the plaintiffs 10 each ofsaid chuse.
do amend their bills, making said Buck & Herr
parties, defendants, thereto; and these causes
coming on TO be heard togflbeh 10 part. By con-
sent Of parties BY their aitoEpies, this 3Ist day
Of May, 1912, upon the several bills, exhibi.s
and depositiops fled in said causes. UPON The
answers offsid Ford & shy DIR, and the petition
and exhibits aforesaid OfIBdck & Herr, were
argued BY counsel; upon consideration whereof
sy consent Or parties, BY their at,ornies, ioyzil
Of said several plaintiffs Of the defendants
Luther j. Cox and Benjamin Ford, and DAME
Snyder, and 49, Buck, and - Herr,
each, By their aliornies respectively, and with
the assent ofthe courtitls adjutgsd, ordered
and decreed, that these causes be referred 10 !
Master Commissioner OF this Court:--
lst. To ascertain and report seYerally, The
amounts due from the defendant, Luther y. Cox,
TO the respective attaching creditors.
Cd The respective prioritss Of said attach
ing creditors against the fund In the hands oil
the home defendants, Ford & Snyder, and q.
gainst the real estate of Luther y. Cox, 10 the
proceedings mentioned !: that Is 10 say, The ordei
Of their respective liens upon said funds aad
also Of said Pstitioniag creditors, Buck 4 Herr
As against said funds. .~
Sd To ascertain and report, 90 far as The
same may be prac:icabls, who are the holder,
Of the bonds and notes executed BY Ford &
Snyder to Luther J. Cox, for tho purchase Of
the island mill property in the proceedings men
toned, and where the same may be found ID
the hands OF astignees or shdorssrs, stating par
iicularlJ9 the dates Of such endorsements OF a.
signments. #
4th. To escerlain and report the amount ot
purchase money aforesaid still remaining due
and unpaid, from Ford 4 snyder, upon account
Of said purchase, Of the island mill property. d
their Indebtedness TO said Cox upon ant. otho,
account and 10 this end The said Commissioners
is required to stste-
5ih. An account between Luther J. Cox and
Ford & Snyder, embracing all matters. and
lhiags growing put Of, Of connected with :hs
contract, dated November 20, 1870, referred
TO 10 the petition Of Buck & Herr, as well any
Offsets, legal or equitable, Of Ford s snydsF,
as any couAter odsetts or claims of said Luther
J. Cox, so as fully 10 showi,heLbalahce dte from
Ford & Snyder 10 said Luther u Cox or his as
slgnees. i is agreed, however, that a. To- 10
claims or demands Of either Ford & SNYDER, Of
Luaher J.. Cox. OF both Of them, respectiysty, 10
unliquidated damages, growing Out Of the con-
tracts belwesn them, which may be reported
upon By said commissioner, any Of the parties
interested therein shall be al liberty 10 Ia ye
their exceptisas thereto passed upon by iury
to be impannelled at The bar Of this Court. b
9Th The eoulmissionef IS further required
TO state all incnmbrancssu hieh NAV be upon
said island mill property, prior TO the deed Of
trust executed by Ford 4 Snydsr, 10 secure he
purchase money due 10 LplherJ. Cox-And By
like consent, authority is given ID said Conrnia-
sioDer 10 examine any of the said parlie, Oh
oath, touching shy Of the matters and things
emoracsd inths foregoing order either ii nj
own Instance, or upon request ar any of said
parties, and said commissioner i required 10
stale specially, all such mtliers touching he
foregoing order, as he may deem pertinent, or
a. be may be required By sny Or the parties ID
state specially, AID make his report to the next
term Of this Court !.
And BY like consent il Il ordered. that such
|rsPofs may be made a. any time before the hrsi
day Of oelober next, to 6s acted upon ii ID.
next term, in like mannerss If made within The
period required by law
And BY like consent, al questions arising n
the foregoing eases, Of any Of them, are reser !.
"a FOR ihs future decision Of lie Court. +
And finally, By ike consent, il i ordered Hi !,
John Molsr, Fonia:Ds Beckham and John CIku.
500, or any two 0f them, being first sworn Ac.
Icording 10 law, do value the undivided Third
part Of said Luther Cox, ia said bland Mill
property, and report such valuation to The next
term Of this Court
A Copy-Teste.
ROBERT T. BROWN, Czsslk.
june Q. 1912.