Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-10-17

IN cIIANCERY -v,hcI>r.:-At n superior Court ci
Chsncey for the Richmond tntn!i, held 10 tie Capt.
toll, in the cry oil Rchno;d, on Tuesday, March Goth,
lsii:
Henry Anderson, Plaintiff
against
William, d. Wren late Sergeant Of the City cf Rich
mond, and such, AdmiBI iranr with The VIII anh,A
ed of Lewis El-eomrugc dcceasei 1. the President aud
Directors Of the Literary Fund, James Gray aud WI
liam tifav, Surviving partners al the late concern at
Gray * pnkcy, Charlie. g. Williams and VII ian g.
Pendletun, Defendants:
4 decree # the Court If Appeals. cenlhsd ty Tie
Clerk thereof, these woods aud figures, Ia wit:
VinGini,:-A Cont of Appeals. held al tie Capt.
io IN the city Of Richmond, On Monday, March i'i,
1919:
james Gray and william Gray, surviving partners Of
the late Mercantile concern oi Gray x PanAey,
against Appellants:
Henry Anderson, AriclIco:
Upon an appeal from decree pronounced ~ Ne Cir
cult Superior Iour; of Law and Chanceiy frr iienfto
County and City OF Richmond. on tie second day Of
August lsS, and all pfior DEGREES pronounced Ia the
cause IN a suit, which rhr appellee plaintiff, aud
William r.. Wren, Sergeant o the city al Richmond,
ami Committee Administrator, Sc. of Lewis Else
ger, deceased, The appellants aud others We're defend
ants This day came lie parties by Counsel and the
uur having uatmTriy considered the transcript of the
record of the decree, aforesaid and the Arguments OF tile
Counsel, is OF opinon that the aprrr ny his Iuds-
ment III the proceedings mentioned. acquired srcci
hc lien the lands al The said Eiseumerrrr, 10 Tie
exclusion OF Other CREDITOR aud the charge III the VIII
OF the said Else nmenrer sule his equity al redtmp
payment of all his debts, and constituted The
c iitah.e which all his creditors not hay
The Court IL further o. op'ni"n Iha the saih appellee,
~ payic the of taxes and Trheemng the land
from inrilrr did not thereby acquire any night To coll
for The e al tltie aud hold The fuI - benefit,
Ia the exclusion al CREDITORS holding specific liens,
tn. general Creditors; that by such pls and
demptions he substituted hlnseif To The place Of said
EsrnmrRcer aud held the land a. lIr would have held
the II lr had redeemed IN his lifetime. be- tat, a.
tie lien for the OF paramour, Ia al
others. the appellee, ly paying the same, WI be entitled
To repa, nj thereof with interest preference to airy
other creditors or Individuals claiming al interest IN said
land The Court fi tier al opinion, that no sale o
the land should have been mad unit enquiry had
been made into the claim Ia the property, and an az.
coun. had been taken oi the specific lien. the poprf
~. and OF the debts due from the estate, and hat upon
such account, the property, ngch ibef al may
be siec, Ia sale to- specific len- sits TIE debts
the estate should hr directed e solt, to SATISFY,
first III. amount pain by In. sad Andersen tr
at aud interest thereon and the costs 81 hi. snii
secondly the s.ecic, according To priority and thirdly
the gene: creditors, rat.abiy. II sufficient pay
lh-i iebts-and residue. Vi any, br uo.rd
cOrdirs la III. directions ii the VIII Of -.ii Esenmrn-
ger. Therefore, Is deer. ed and ordered that The sad
decree, b reversed and annucf aud that the aprc lee
do NJ unit" the appellant, their costs, by Them tAptd
ed In The prosecution 81 their appeal Aforesaid here, anI
il ordered that the safe made under th- decree OF The
tenth day Of June, is6 hr rr aside and the taGse
nandrd the Superior Cuu OF Ghancrry Tor the Rich
mond Circuit 10 b- r credrd in ACCORDING 10 the fore
going prime pies, which u ordered Ia be certified tn The
saii Superior Cont OF App,as. Appellants costs IN
the Court of Appeals Sl0C W cent?. Cop!-Tes
J. Allen, c.
Where,lrou, this Court In conformity with The said
decree, aside ali DEGREES made IA trls
cause hy the late Circuit su,ertf Cont al Law AMI
ChanrrIy for the Comniy Of .niieo, aud the late ilr
cut superior Law and haneery for the county
Of IIenrco city of Richmond, doth adjudgr, ofi,r
and decree al the Cnmn oi This GogTt
d. after civf. eight weeks prrcipUs notice IN one of
newspapers pfurd III the city If Richmond In the Gre
dofs al Lewis Else nmrn2sr deceased la produce ths
Claims before HIM brire certain Jay, In be sp'ci
fed IN the SAID notice. the evidence Ia support the
same aud report Ia the Court account Of all
his de from TIE estate of sad Eisenmr stating
distinctly specific liens held by any of tn lad 6r,:i
tors and property covered thereby, for the
payn-n of their dents. Aio Ia state and report 10 The
Cont upon such evidence The parties any OF them
shalt produce hrife him, ali The real property which be
longs IN the Estate al The sad Lewis Eisenmrnger,
shaving the site al The title To the gushing
the viii, the Titles good douatil and bac;
aud .eyut 10 the Cont Tue amount paid bv
the plaintiff into the Treasury al the Commonwealth,
m satisfaction u and IN redemption of
the lands of the said Levi. Eisenm.Rstr with the IN
ierrsi which sS and accrue thereon To the dar OF
the report specifying clearly ~ The rrpof the land
redeemed by the plaintiff And tic said Commission,
is required aud ordered To any matters specially
connected with Of the subjects herein before nri
toned dernlrd pertinent by himself, which may be-
required by thr parties 10 be :" ,ard. And III. tout
ioih further adjudge, order and decree that III nain'it
do pay unto the defendants, James Gray aud William
Gay surviving paitners Of The late mercantile hf ni
Gray Pankey, their ross, by them IN the Couit oil ap
peals expended. Copy-Teste,