Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1842-07-07
IN cH.7NCERY

NJ q va
tGENN motion or --- Buck and e. Herr,
~ partners, trading under ttbiuame and irm
OF Buck s. Herr, leave is given them 10 Gle
their petition, praying TO be made parties de-
PENDANTS 70 thdse causes seyerally, who accord
ingly fled their petition-ard iheFeupon il is
ordered that the plaintiffs in each Of said causes
do amend their bills, making aid Buck & Herr
parties, defendants, thereto and these causes
coming on ID DO Aeard together, inpart By con.
Isent Of parties byWheir altornies. Jhis43lst day
Of May, 1872, upon the several bills, exhibits,
and depostions fedfn said causes, upon the
answers Of said Ford & Sn, der, and the petition
and exhibits aforesaid Of Buck 81 Herr, were
argued by counsel upon consideration whereof +,
fby consent ofSarties by their sttornies 10 wit /:
Of said several plaintiffs; Of the defendants,
Luther J.lCox, aud Benjamin Ford, and Daniel
Snyder, and 49, Buck. and II Herr
each, BY their attornies respectively. and with
the assent Of the Court, II is adjndged, ordered,
and decreed, that these causes be teferred TO
Master Commissioner Of this Court
lst To ascertain and report seyerally. the
amounts due from the defendant, LdtheF ] !. Cox.
to the respective attaching creditors
/ ID. The respective prcrities Of said attach
ing creditors against the fund in the hands of
the home defendants, Ford s. Snyder, and a.
gainst the real estate Or Luther j. Cox, III the
proceedings mentioned that is 10 shy, the order
of their CesPectiye liens upon said funds, and
also Of said peti,ionng creditors, Buck & Herr,
as against said funds.
Sd, To ascertain and report, So far as the
same may be practicable, who are the holders
of the bonds and notes exceeded BY Ford s.
Snyder 10 Luther J. Cox, for the purchase of
The island mill property, in the proceedings men.
toned, and where the same may he found in
the handS'of assignees, or endorsers, stating par
tlcularly the dates Of such endorsements or as
sisnments.
'4lh. To ascertain and report, the amount of
purchase money aforesaid, siiIT reImaiping due
and unpaid, from Ford 4 Snyder, upon account
Of said purchase, Of The island niIlprop perry ,or
their Indebtedness TO said Cox|nppn any other
account and 10 this end the said Commissioner
is required to state y
9Th. An account between Luther u. COY and
| Ford s. Snyder, embracing all matters and
things growing out Of, or connected with! he
contract, dated November 30, 1SA0, referred
! to in the petition OF Buck s Herr. as we'll any
Offsets, legal or equitable, OF Fotd & Snyder,
as any counter ofseIts or claims Of sad Luther
~. Cox, so as fully 10 show the balahce due from
Ford & Snyder 10 said Luther j. Cox or his as
signees, Il is agreed !ShoweYer, that as 10 any
claims or demands Of either Ford { Snyder, or
Luther J. Cox or both Of them, respectively, 10
unliquidated damsgest growing out of the con-
tracts between them, which may he reported
upon, By said commissioner, any OF tho parties
interested ihetein shalt be at liberty 10 have
their exceptions thereto passedSupon by Jury
to be impannelled at the bar Of this Court.
9Th. The commissioner is further required
to state all membranes which may be unon
said island mill property, prior TO- the deed Of
trust executed by Ford & Snyder. 10 secure the.
purchase money due 10 Luther u bx.-And:byI
like consent, AUTHORITY is given 10 said Comr1fs.
sioner 10 examine anyof the said parties on
oath, touching sny of/the matters and things
embraced 10 the foregoing order, other at M
own instance, or npon request Of any Of said
parties, and said Commissioned is required 10
state specially, all such mafiers TOUCHING The
foregoing order, as he maS deem periinent. or
ss he may be required bf any III the parties 10
state specially, and make his report 10 The next
term Of thisc Court.
And by like, consent, il is ordered, that such
rePor. may be made at any time before the tirst
day ofoctober next, to be acted upon at the
next teEm, in like manner as il made within the
period required BY law.
And by ike consent, an questions arising IN
the foregoing eases, or any Of them. are reserve
ed for the future decision OF the Court.
And finally, by like consent, tits ordered. that
John Moler, Fonla:ne Beckham and John Clsu-
spa, or any two Of them, being FIRST sworn ac-
eprdiDg 70 law, do value the uBdivided third
part Of said Lntiser Cox, in said island mill
property, and report such valuation 10 the next
term Of this Court.
A Copy-Teste.
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