Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-08-11


Jan "a 'l7A1h WITS
NIRGINIA:-Ar Circuit snderior Court Of Law
and Chancery. Continued and held for the town Of
I.yncburq at tho Court house In said town, on Mon
day, the Bird day of June, $50, sitting Court Of
Chane.rv:
John Thompson, Jr Plf,
agattist
Charles Mckinney. Thomas Mckinney aud john
Mckinney er 'ors. of William Mckinney deceased
Samuel Branch. Junus \. Clay, joel Mckinney, Wi
liam 5 Duguid John Hughes. Iincas Dupuy David
Bridges and Martha his wife, Peter Mckinney. aud the
President, Directors Company olhe Bank Of the Uni
ted States, Drii5.
The defendant Linens Dupay. who is out of this conn
try and against whom the plaintiff appears 10 have pro
ccedod az prescribed by law. still failing TO appear and
hle his answer on the motion of the plaintiff by conn
sell the Court doth take his bill for confessed as to the
said LIncas Dupny The subpmnas which issued in
this cause, bearing date the 23d dry Of December
1887 and the first day Of January 1898 and which
appear 10 have been duly executed upon the defendant
Charles Mckinney, Jnnins A. Clay. Joel Mckinney
William s. Diuguid, John Hughes. and Peter McKin
ney and more than four months having elapsed rs well
the days Of said subpdnas as since the lin
ol the plaintiff. bill and the said defendants still failing
10 appear aud file their answers; the motion of'thr
painful by counsel, the court doth take his bill for cn
fessed to the last mentioned defendants Whcreilpon
the to be heard upon the bill the answer
of the President, Directors & Company of the Bank Of
Mckinney, Of Thomas Mckinney, of Samuel Branch
and of David Bridges and Martha his wife. with rrpll-
ca,os seVetay tefeuh'o maze ny tle p'ahilf, except
10 the answer OF The Bank Ut the nled States exhibits,
the examinations {" Witnesses was argued by counsel
reconsideration Whereof the Court being uoPnlonth lt
tho finding Of the pry and the Judgment thereon in Tie
Federal Court, in favor Of the OK ors of William Nc
hlnhey on Their plea OF fully administered preciudcs
and estops the plaintiff from claiming any thing except
Tor errors IN calculation on account ct The subjects CON
al ,I,,,t,, a..
ana recorded before the dat" OF said ndgment-and #
this were mol 81, yet that the several debts which
charged IN the settled ace nnts Of John Mckinney.
OF the execuorsol William Mckinney, deed, being
due III The name OF W llllam Mckinney \ 90, might
igh'uy be paid by that executor ont Of the assets of
his icsiaor, and charged IN his said eXeeatora accounts,
because the same are satisfactorily proven have been
the proper individual debts OF William Mckinney, and
the plaintiff having iacd BY any suieIen, evidence to
sustain his specific items ol surcharge and Justification Of
the said executor settled accounts the Court doth de
EIDE lha II Is not competent Ion the plaintiff oopcn.
charge aud falsely the said settled accounts ofthe
Tor John Mckinney, which had been settled and record
ga before inc hhdlng ct the Jury and Judgment OF the
Federal Court aforesaid, and doth accordingly refuse to
permit the same to he open But the plaintiff having
rgh' 10 an account oil he eNoculo1l transactions, which
nave happened subsequent to the Iofmef settlement and
IN relation 10 subjects not comprehendcd specified there
m the court doil adlud9e order and Decree that the
sad executors 90 render before one OF the commissioners
VI 's N""'t lu'tal d'olHi 81 iher administration ON
'he estate :" tclr tesiaof. On which account shall be
stated lhelt 'rasactoh5 subsequent to tie foregoing
ro'h Pt'!emehts passed upon by the Federal Court
o'S'2 o'"l thetf saiu transactions 10 the date Of the
account hereby ordered IN which account may be lnein
aed any "'het assets oi The teStaio when have come 10
nn nahh OF his executors al any time since his DEATH
ana Wheh were moi conPeheded IN the settled and re-
corded account aforesaid And as the plaintiff may be
come interested IN equitable assets ei The sad tesla
pI ON MS failure To OBTAIN satisfaction OF his demand ou
u tue @ aSsrlS' he may nave an account OF The ad-
'Sa"oh oil '' elu''ani9 assets Also subsequent To the
account VI that iuna Whch mad been settled and re
s"ota before inc bringing OF tins SUIT, and may be al
lowed 10 snrchar5c aud iasiy that account IN any spc
CHIC lien Oh charge contained IN ls bl, TO correct any
apparent error on the lace OF SAID account aud II need be-
TO change us TORN and structure, but always regarding
me VIII OF W amM Kinney As governing aud control
Ing the disposition oil the equitable assets wherefore the
Court doth further adJudae, order and decree tla the
lore the same commissioner OF the equitable ASSETS, which
have come to their hands. to be administered upon the
principles above stated And tho Plaintiff desiring IT. he
may Rave an account OF the mercantile transactions Of
the hrms OF " Ilam and Charles Mckinney, Of John
MCKINNEY y 20, ana OF W Illlam Mckinney Y 90,
ana oil the remaining real estate Of Which lllam Me
hnhey dlcu seZea ana possessed, any there be, not
embraced by the orme settled accounts. and 10 this end
the said executors are directed to produce before the
missioner who shall take the said accounts tie partner
snip Looks OF the several firms and also the separate
o,'k or books OF accounts, II any, OF the SAID William
Mckinney And the Court doth further order that the
same commissioner do take an account % the plaintiff