Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-10-24

~ CnANcMRY -vmc,>,.:-At superior CcnH IL
Chaneery for thr Richmond Circuit, held II he trpi
toll in the rity Of Ric",ond, TN Tuesday, March 2tth,
lsit:
Henry Anderson, Planlf:
William ID. Wren late Sergeant of the City Of Rich
nnnd AMI, GS such Administrator wh me wlIi annt'.
I'd, cf Lwis Esenmen:er deceased. hr President aud
Directors al The Literary Fund, James Gray and VII
Lam G'ar snfvisine pahs,s of The late concern 81
Gray & Pmhey, CLlies Il. Williams and William e.
Pcni!eioa, Defendants
A decree of the Cour; cf Appeals. certified by ,hs
Clerk thereof, u IN tie'e ~nds and figures, to wIt
YIRGl>IA.-AI Cont uf Appeals, held al the Capt.
to in the c.iy OF RiChnmnd, Un Monday March ALI.
lsii:
James Cray and William Cray surviving partners Il
the late Mercantile Concern Of Gr,y PaEkey,
against Appellants
Henry Anderson, Appellee
Upon an appeal from decree pronounced by the Cir
cult Superior tourt Of law aud Ghancery for lrntico
County and Cny OF Richmond. on the SECOND day Of
August, ie, and all prior DEGREES pronounced In tho
S x., IN SUI" ~ ~sam ~. "pp,, h was pIhtn ana
AMI Committee Admf sse,or. &c. of Lewis Esrnmcn-
decreased, the appellants and other. were defend
Hni' This day came he parties by Connrrl and the
Court having na,GTrly considered the transcript of the
record ri t.o and the Arguments OF tho
Counsel, Of opinion. that the appellee by his judg-
mrnt IN. proceedings mentioned acquired no speci.
nc lien The lands If The SAID EsrnhisngrT, 10 the
exclusion of ether crcdtur, and the charge IN The Will
OF the said Else subjected his equity o! rrdenp
tinn 10 the payment uf all his debts and constituted tho
same cq Ii:r IN which all his creditors not hav
ing specific liens entitled 10 participate ratrahy
The Cont is further Of opinion that the said appellee,
~ pawn. the OF and redeeming the land
FROM Dtetue did thereby acquire any right To call
for the legal ttr, aad hold the for his benefit
10 tie exclusion Of creditors holding specific liens
tie graerll creditors; that rs such PAYMENTS aud
demp.ion-, lie substituted himself 10 the place of sail
Elsrnme ger; and held the land III would have held
the same he had redeemed in hIs lfenej b ihai m
tie rn for the Of taxes was paramount, 10 al
other. the appellee by paying the same viii lie entitled
TO epa, m-nt thereof WIN interest III preference TO any
other dors Individuals claiming interest Ia said
land. The Court Is Ithrf ot opinion that no sale ct
the lnad ,o"i have btrn mad. unlil an enquiry had
heen made INTO tile claim 10 the property aud an AZ
had brrn taken OF the specific liens the proper
iy. ut tn" debts due from estate and HAT nPon
sui; account tie properly. az so much nerroi hs may
- subject To- sa. ; sasi l:r liens ar Il; SATISFY the debt.
of The r.ile S.oi'd - erected To b. Sold To satiy,
first Tie pau by IA. SAID Anderson oT hrreaf,
Of aud interest thereon. and The rosts 81 his sn
secondly the specific according To priority: and. thirdly
the general crditor-, rairaby, not sificrht Ia pay
ll-if Grisand ;hI residue, II any, 20 be disposed
cnTdng the directions If the VIII Of said Esenn-n
GER Therefore, IL Is drcr-ed and ordered, that the SAID
he reversed annnlled md that the ase-r
do pay the appellants their costs, by them e@f~hh
I'D in the prosecution Of their appeal aforesaid here and
II il ordered that the sale made under the deere of the
tenth day June 1885, b- set aside, and the caG.e re-
ialnjrd 10 the superior Coat OF Chanc-iy Tor tn. Ke-
ond Circuit TO be ctedei III according H. The lore
rin. prinrp.es which ordered be certified L. the
said superior Court of Appeals. Appellants costs ia
The Court of Appeals Sl06 % CENTS CoPy-Ies'''
J. Alien, &C.
decree, setting aside all Wncr DEGREES made IN this
cause ny The late Circuit Superior Cont of Law and
Chanccy for County of 6enrico. nnd the late Cir
cn superior Court OF Law and Chancery for the county
Of Hrnrico ana cry of Richmond do, atjudce, order
and decree that of the Commissioners Of this Court
do a.trr giving eight weeks previous notice IN one OF
printed In the city Of Richmond Ia the Gre
tl,os Of Lewis kis.nncn.tr, deceased, Ia produce then
claims before HIM before certain day, tn he spec
fed IN the said notice, win the evidence 10 support the
game state and report the Court account OF all
debts due from the 0f said Eisenmenger, stating
distinctly the specie liens held ny any Of tn said efed
tors and the exact properly covered thereby for the
payment OF their debts. Also 10 state and report 10 Tho
CoGr, upon surh evidence the parties any of them
shall produce before him. all the real property which be
longs To- the Estate &c the saa Lewis Esenmengrr,
showing the The tile IL the same, finpuis.ln"
tie l.,~ Witch the ,itrs good, doubtful and bac
also safe aud report 10 The Court tue amount paid by
tie plaintiff into the Treasury Of the Commonwealth
IN -aiis:aetI 81 Of taxes, aud III redemption oi
The lands If r- saii Lewis Eienmenger, with The In
;rrest which has ana accrue thereon 10 lie date at
ihr report, specifying Clearly IN the rrpor the land ="
redeemed by the plaintiff And the said Commissioner
is required and ordered TO state AIRY matters specially
connected with any The subjects herein before men,
tonfd deemed pertinent Ivy himself, or which may ae
required by The par.ies 10 he stated And The Court
DOH further atj1dgc, order and decree, that t,r rlanf
do pay unto the defendants James Gray and Nlliar
Gray Surviving partners of The late mercantile nfm o
Gray Pankty their costs y them IN the Court o Ap
peals expended. Copy-Teste,
fe''' WM. c. SANDS, G. e.