Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-07-21

L iIt''AlAs-Ai atuehit suderiof Court 1t Law
aud Chaneefy, continued aud held for the town Of
Iynchbnrp. al the Conf house in said town. on Mon
day. the Bid day Of June 1882 sitting Court VI
Chancers:
Join Thompson. .tt.' PIN.
Charles Mckinney. Thomas Mckinney and John
Mckinney. es 'ors. Of William Mckinney decreased,
samuel branch. Jnhns A. Clay, Joel Mckinney, VII.
liam bingnid, John Hughes, Liness Dnpuy David
Bridges and Martha his wife. Peter Mckinney and the
President. Directors Company OF the Bank OF the Uni
ted States Defs
The defendant Ineas nupuy who is out Of this coln
try and sgans WHOM the plaintiff appears have pro-
eeeded as prescribed by law sill failing to aprear and
he his ANSWER the motion of the Iaist, by coun-
al the Count doth take his bill for confessed as 10 thu
said lneas DuPuy The subprnas which issued in
this cause, bearing date the I'D day Of December
1871, aud on The first day of January 1893 and which
appear 10 have hsen duly executed upon the dondan.
hnrles Mckinney. lunius A. Clay. joel Mckinney.
William ;. Diuguid. John Hughes, and Peter hlcKn.
ney, and more than four months having elapsed as will
snee ie return days Of said snbp9nas The flipr
III the plaintiff bill and the said defendants still failine
In appear and file their answers the motion Of the
plaintiff by counsel, the doth take his bill for cn
iessed as 10 the last mentioned defendants Nbereupan
tho cause came on 10 be heard upon the bill the answer
ri The President. Directors s. Company Of the Bank II
te nitfd States, The answers oil the defendants John
Mekl5heJ. Of ihomas Mckinney, of Samuel Branch
aud o David Bridges and Martha his wife. with rcpli
cations 81 fe@lly hereuno made by the plaintiff EXERT
Ia the anwrf oi The Bank Of the United States lbiis
The examinations oi witnesses, x argued by counsel
On consideration Whereof tie Court being opinion lhat
the hhdlng OF the jury aud The judgment thereon. tie
fe'letai Cont. layos Of ne tA ors ef William Az
kldnt8 on the plea ol fully administered preclude,
aud tstuls the plaintiff from claiming any thing .xcept
at ernta IN calculation Of the subjects com
predetermined and specified IN the executors account settled
and recorded beore the date OF sad udnmeni--and il
- "efe not 50. vel that tie several debts which are
charged N the settled acc, nnis of John Nick nney on.
ol the executions Of " llllam Mckinney, deed. icing
due III The namc ii William Mckinney x Co. might
fRhtl0S he paid by that executor ont of the asses ~
hs esinor, aud charged IN his said exeeuinal accounts
heeanSe 'hr same Hre satisfactorily proven have been
the proper individual debts o William Mckinney and
The nlanilii having tailed by any sneen, evidence 10
sustain his specific Items OF sufrharpe and classification If
The sa'l executors settled accounts, the Court doth de-
elde thai II sno competent Ter the plaintiff opon sur
charge and alsiiy The said settled accounts Of The execn
I john Mckinney which had been settled aud record
ed beof' Tho finding 81 the nry and Judgment Of ths
Federal Court aforesaid aud doth accrlinel, refuse 10
permit the samo 10 be open But The plaintiff having
rght In an account ol the eAnruoria transactions which
have hafhed subsequent 10 The former setilt mont and
IN feallon Ia subject. mol eompehended specific there
III, The Court doth adiudge order and decree that tic
said executors do render before o the comm
OF lta ou further account nj tleif administration On
the estate al iher tesiaur. On which account shall be
stated then transactions subsequent tie foregoing r.
corded rrillenenis pasaed upon by tie Fedtrai Govt,
bringing down then SAID transactions 10 the dale Of tho
account hereby ordered IN which account may be nru-
died any other asses u the tostaor which has come 30
The hhsds oi his executors nj any time since his DEATH
and Which Hsrc eonprehouded in the settled and re-
corded account aforesaid Aud as the plaintiff nny be-
eoe interested In the equitable assets Of the said tesln
tor on his allure 10 obtain satisfaction Of his demand out
oi the eqnl assets ha may have nm account ,iibe ad
lnslaion Of the equitable aso subsequent 10 the
account ol thai fund which had been settled and t,-
corded before The bringing o this SUIT and may be nj
lowed 10 snrehaEe aud alsiiy thai account in any spe
eile item OF ehnrge contained III his BILL 10 correct any
IffDr i,i ,,4 10
10 change lis form and structure, but always rcpatling
The Will o W illiamM Kinney governing and cmrol-
lug the disposition o r equitable assets wherefore the
Court doth further adndge, order aud decree that tho
executors Of VIM. Mckinney 10 render an account be
fore the commissioner OF The equitable assets which
have come 10 their hands. 10 be administered upon the
pne Pies ahoye stated And The Plaintiff desiring it he
may have an nceunn Of tho mercantile transactions Of
the firms Of W illiam and Charles Mex Kinney Of John
Mckinney 4 Co. and of William Mckinney 4 Co,
and oi the remaining real estate Of which " llian Me-
Kinney died selzed and possessed il any there be- not
embraced by the former settled accounts aud to this end
The SAID executors directed 10 produce before the cont
missioner " no shall take the said accounts the ,urncr
sp hooks oi the several fs, aud also the separate
book or hooks o accounts, If any, OF the said William
Mckinney. And the Court doth further order that the
same commissioner do take ot the plaintiff
debt and ol the date when WAS unraced also an ac-
count Of the advaneements If any made the de-
lendans David Bridges and wife, Roben Mckinney and
Peter Mckinney-when made--the value when made
and the present valne thereof Of any part There
NJ, and Of the increase Of the slaves, II now in
tho hands ol any of the defendants; also an sc4
count Of the yearly value Of any part of the said
slaves. which remain the hands Of any of the al
legged volunteers those claiming under them (excep
of such may be held by purcase) since the death of
William Ncl>nncy; and also, nm account of the value
Of The estate of said VIM Mckinney both real and per
sona, and the amount Of debts by him owing AT the date
Of said advancements And the said commissioner is di-
recied 10 examine and settle the several accounts
hereby ordered and make report thereof with any mat
tes specially stated deemed pertinent by himself or re-
quIred 10y the parties 10 he 81 stated. And the Plaintiff
has liberty examine the defendants solemn form On
oath. nerrognofles pertinent the issues before tho
cnmmlssia nrr, after due notice for that purpose.
n Copy-Ieste,
DAVID ROBES, Clerk.
! ConMWsloHEG's 0FricE,
Lynchburg July Is, 1912. {
The parties interested IN the foregoing order of court
are hereby notified that appoint Thursday the 9Th day
o September npNt To commence the accounts therein
ieued; which day by the hour Of lG A. NJ they will
please attend nj my office in said town. prepared with
their vouchers and exhibits Tor the examination and set
Iement Of the matters in controversy. also 10
III solemn form any nterrooatories which may be then
and there proponnded them. either of them. by the
plaintiff pursuance of his authority so do under tho
order above. GEO. NM. DABNEY commit
! July 81 Win
q. w. YAnCEY.
nONFECJIONER and dealer in Foreign Fruits,
~ Cigars. Toys, and Fancy Articles. Main Street,