Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-09-17

I IN CHANCERY -vrRGIS.:-Ata
Chancery for the Richmond Circujt hIt wv t'uHcf
tol, in the CITY of Richmond nm Tn.a =, 'At Can
leii "'' ''ifth Sth
against Plaintiff:
William ID. Wren, late Sergeant Of the ri,..,
mond AMI, rs such. Administrator WIN Tho I'm! i" Nirl.
rd, Of Lewis El~enm-nger decease1 ,hs + "l ant,t-
Directors Of the Literary Fund, James Cr,v ati
nam GRAY, surviving partners of the late c l WI
Gray q Pinkty, Charles B. Williams and Wn',ia u
Pendeton, IN Rn e.
decree of the Court Of Appeals. eert,f;.% MI
|'.h 'heieo'' Is III These words AID figures. Ae
'ih'iN'A'-At tour Of Appeals held atm r..
ls4i " '''"uas' March Ill.,
James Cray and William Gray, surviyin, n,,,...
'"e 'a'e mefeantic concern Of Gray & Pansey "
Henry ' Andersen Appellants.
npon an appeal from decree pronounced h, tss =.
GU. superior CONT Of aw and Chancety for Ilr,,
county and CHy of Richmond on N. ..con, s mn
August, le37, and all prior degrees nronon, Ias u
ense IN sun, IN which the appellee =. nls, :. We
mi',in ~. wren, Sergeant Of the cts oi Rieb,n,
anu committee Administrator &c. Of LEWIS cisn'
ger, deceased the appellant. ana o,b,s i'st "leh-
ant. rms day came hr parties by t'oun..i ma w.
I"nfi having matu'rly considered III. r,anc,,, "' ~
record nf TIE decree, Aforesaid and I'm. " i''
Counsel, Is of opinion that the aoni, -en's OF He
lent III the proceedings mentioned a,nni,st me- iuu-
nc ieh on me lands q the said Ei.-un,enr.r Il, H.,
ctoISn ot othrr creditors, and the chare. IN m. v
OF the SAID Fist nmenser subjected his cnu,tv "f ~
ton to the payment If all his debts and con.,i,",
same equitable assets IN which all his creditors no, ba,
ins SPECIFIC mems were entitled To participate tateaLv
The Court Is further OF opinion tina, the SAID snn.i
by paving the arrears at taxes aud rrar-mipc ~ -;
from forfeiture, did not thereby acquire any rph >,
Tor The legal ute, aud hold the his ow n trns,,
10 The exclusion oi creditors holding specific lien.
the general creditors, that by such PAYMENT. "a .
drmpIion5, he substituted hms- 10 the place al ga,
Eisehmenger; and held The land he would hay- b.i,
tile sam. u lie had redeemed IN his lIfrm- bu thai,
The lien fr The arrears Of taAes paramount to al
others, the appellee by paying The same. will he entitled
In repayment thereof with interest pre- irrenc. 10 an,
other creditors individuals claiming an interest in ,t
iahd lhr Court u further oi opinion. that no salr II
the ind should have been made unt an enquiry had
been made into the claim 10 the property, and
count mad been taken OF the specific liens the proper
~ ana ui Tie debts dur from The estate and that upon
suc account, the property, much Their of ~ ni1y
he subject Ia sale for specific satisfy the
Of the estate should he Greeted To be sold To sats,
hl~ tue amount PAID by III. said Andersen areas
al taxes and interest thereon, aud Of thi. sun
srchy the stcihc, accofdingto priority; and ,,hirG
Tue gene'al creditors, rarably, II not Sufficient tn "a,
thtlf dtbl>-ahd the residue II any, Ia be- disposed ne
c"rinc Ia the directions at The VIII of SAID E;,rrnrr
ger Therefore, II IL decreed and ordered, that The >ae
DEGREES he reversed and annulcd aud that the aprr
do ay unto the appellants their costs. by them elp.t
ed III the prosecution If their appeal aforesaid here at
Is ordered, that the sale male under the decree at r
trnth dag al June, ie3d, b- set aside, ard the cats. In
nln'ei to TIE SUI Court Of thancey The Grh
lnUnd Circuit, To hc pr cecdrd ia according tn the d.
gias principles, which ordered 10 he certified to t.
said Superior Count of Appeals. Appellants costs Ia
the Cnu:t nt Appeals SlUn Or cents A Gopy-lesi-
J. Alien, &C
Wherrupnn, this Cour In conformity with the .all
decree, setting aside all former DEGREES made III Iil.
by the tate Circuit superior Court ot Law ara
Lharcery Tor the County If icnrco and the late IL.
Superior Court OF Law and Chancrry Tor the coufg
of Ilenco anf city Of Richmond, doth adiudce rftrf
and decree that Of the CommIsso o this COM
do after giving eight weeks previous notice oLe "
newspapers printed IN the city Of h'hmOnd I" the rf,-
dltn,s of Levi. Ei-tnmen"fr deceased, Ia produce
claims before hiin or before certain day Ia he p.o
fled in ti- said nulicr, with the evidence 10 support u.
same slate and report 10 the Court an account II IT..
d, due from the estate of sad Esenmeneer, ,iathe
distinctly tn specific liens held hy any -" III al 'et
tors and the property covered Thereby, COT the
payne oi Their dehts. Also Ia state and report Tie
Court, upon such evidence ihr parties any at tt
shall produce before him, all the real property which
longs 10 the Estate Of the said Lewis EiScnnengti
showing the al the title 10 the same, d,lHsusu
The lands Ia which the titles are good, dou, and
TO- To and report the tour TIE pals A
the plaintiff into the Treasury Of the Common w-alu
satisfaction of arrears OF taxes and ~ redemption
the lands of the said Lewis Esenmene,r wia Tie 70
the report specifying clearly in the report the land $40
redeemed by The plaintiff And The said COMMISSIONS
is required and ordered 10 stale any matters speca
connected with ANY oi the SUBJECTS herein hroie
toned deemed pertinent by himself which mas 3.
doi further adjudcc order and decree, that the iianl
do pay unto the defendants, Jane Gray and N'liaq
Cray, Surviving partners OF The late mercantile hfm@
Gray Pankry, their COSTS by them IN tie Cont ol 81
pcals expended. a Copy-Test-,
WM. G.. SANDS. T.. T.