Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-10-03

toi, IN the cry oil Kiciinond On luesuay ''" Io'n'
l-i4:
Henry Anderson, Plaintiff:
William u. Wren, late Sergeant of the City of Rich
rond ami, such Administrator with The viii annex
ed Of Lewis Eisrnmrnccr. Deceased the President and
Directors of The Literary Fund James Cray and WI.
liam GRAY, ,utvivn. partners of THE late concern ~
Gray & Ptnkcy, Charles -. Williams ami William Il.
PenIetrn, Drirhhah's:
A decree of the Cour, Of Appeals, cehidrd hy The
Clerk thereof, ~ IN these wndS aud figures, To WI:
Viac,sI.:--At Count of Appeals, held NJ the Capt
iol. in The city oi Richmond, On Monday, March 4ih'
lsii
lanes GRAY and William Cray, surviving partners OF
wv against Appellants:
Henry Anderson, Appellee:
Upon an appeal from decree pronounced by thr CIR
cult Superior touu of Law and Chancrry for ii-nrico
County AMI Ci'y of Richmond, the second day ct
August, 1887 aud all prior DEGREES pronounced ~ ti~
cause in n suit ia which The appellee plaintiff, and
William u. Wrcl Sergeant of the city oi Richmond,
and Administrator, &c. Of Lewis Eisrnmen-
GER deceased, the appellants aud others were defend
ant, 1'hi- day came lie parties hv Counsel, aud the
Count having niatucly considered The transcript OF the
record the aforesaid, aud the arguments o The
Counsel OF opinion that tile appellee, by his Jnde-
inept m proceedings mentioned acquired no sItri-
III lien the lands al the sad Eisrnmenger, To iie
rxc on Of other crcors, aud the charge In the viii
of the said Els. suhJrrrd Ia, equity al rederp
ton Ia The payment of all his debts and constituted The
same equitable cts III which all ms creditors mol nav
ing specific liens entitled Ia participate raeaby
The Court IL further of opinion that the said appellee,
Nv paying the of taxes and rrdeemng the land
from forfeiture did thereby acquire any right 10 call
Tor the legal tte and hold the for his own benehi,
In the exclusion Of creditors huidiRg specific liens
the general creditors; that, by such payments and re-
hrmptons, lac substituted hm-r To The place al sall
Eisrnmengrr; and held The land n ie would have hrh
the same IL hp had redeemed III his lifetime; b that ~
the lien fr the of taxes was paramount Ia al
others the appellee by paying the same WIZ he rnfitirh
repayment thereof wIh utrrrst, IN preference 10 any
other creditors ur individuals claiming an interest ~ sali
land. The Court further Of opinion, that no sale ot
The land should have been made uull an enquiry had
tb. claim IN The
roln, had been taken oi the specIil, liens on TIE ro"f-
IT, and oi the debts due from estate, aud that upon
such account the property, 80 much thereof as may
he subject for specific liens, ur 10 satisfy The dr5
of the estate should be erected to be- solo, To saisv
first the paiu by In: sad Anderson tr arrears
of taxes and interest thereon. AMI the costs o is sun
secondly the specific, according 10 priority ana hds,
the general creditors, rarably, not sufficient to pay
Their d-bs-and the residue any, 10 h- d.n"srd &c
rordlnr Ia the OF the VIII of SAID Esehniei-
ger Therefore, Is decrcd and ordered, that The sh
degrees he and annui'ed, and that the apPe leo
DO pay unto the appellants Their costs by mem tAh"
ed in The prosecution of their appeal aforesaid mere, ana
II il ordered the sale made under the hsrrer q" The
tenth day Of June le; h- sci aside, and tue tahse r
minded 10 the Superior Colrt al Chancery Tor r Rich
opd Circuit he pr ceed-d IN ACCORDING To The lore
sling nrineiplps which ordered Ia he certified To the
said superior Court OF Appeals. Appellants costs III
the Count Of Appeais SltG W cents Copy-i1''f'
I J. Allen, C.. ,.;,
Whrrcupon, this Court in conformity with he sad
decree setting aside all former DEGREES maze IN 'n's
cause the late Circuit superior Lonit 81 Id" a"a
t.haucrry for the County of Henrco and the ato IH
rut Suprrior Court Law and hanccty for the county
of Ir,ricU nm city of Richmond doth adJnhge otorI
and decree that Of the Commissioners oil tis toh'
du after giving eight weeks previous notice III one :"
u-w.naners printed in the city c Richmond 10 tue ere
di,ors nj Lewis Esenmenger deceased to produce the
claims hrfre him on before certain day 10 bc spec-
6.d IN the SAID notice. with the evidence 10 support 'he
,t,ne STATE and report III. Court an account "i all
5ht. due from The estate of SAID Esenmengr statins
distinctly the spec liens held by any Ut the sad cfedl
tor. and the exact property covered thereby, Tor tue
,,vm,nt of their debts. Also, To state and report 10 Inc
urt upon such evidence the parties or any Of Them
shall nrodurr before him. all the real property which be
Longs In The Estate of the said Lewis Elsenineneer,
shaving the o the title To- the same distinguishing
the ,u. 10 " hcb thr t-s good, donbtiol ana btn,
Io In state and report the Court the ai0Gnt paiu ~
rbe plaintiff intp Treasury al the COMMONWEALTH,
IN satisfaction of arrraIs of taxes and IN redemption oil
~. lands of The laid Lewis Eisenmene.r, with the IN.
,r.st which has aud may thereon TO The haie OF
the renor specifying clearly IN The report the and 20
redeemed by the plaintiff And the said COMMISSIONS
s reouircd and ordered 10 state any matters specially
connected with any of the subjects herein before men
TONED deemed pertinent by HIMSELF or when may b-
yruured by the parties 10 be stated Aud the ont,
doth further adjudge order and decree, that NE pian.
do nav unto the defendants James Gray aud "hIiah,
Cav surviving partners of the late mrfcane h,h %
Cay Pankey, their COSTS by them 10 the CONT VI mp
peai' experiment WI. C. SANDS, c. C.