Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-04-11

PURSUANT 10 decree ofthe Superior Court
L of Chancery for the Richmond circuit, pro-
nounced on the 22l day OF March, l945, in suit
therein depending in the name Of John M. Fer
gusson Sergeant Of the City Of Richmond, and as
such committee administrator of Richard Smylh
and David Doyle, deceased, complt., and Jno. F.
Schermerhorn and Eliza L. his wife, and other
defendants as follows: 1.-THE court doth adjudge
order and decree, that the said John F. Schermer-
horn, who is hereby appointed special Commits
sioner for the purpose, do after having given
weeks notice the time, place and terms OF the
sale, BY advertising in some one or more oil the
newspapers published in The city Of Richmond,
expose to sale in the said city at public auction TO
The highest bidder, for cash, SO much Of the real
estate conveyed by Henry Banks in trust of John
Graham, John Hopkins and Thomas Taylor Gall
Of whom are now dead,) TO secure TO the said
Richard Smyth the payment ofl2, 900 dollars with
interes, thereon from the 9Th day of April, 1903,
until paid by deed bearing date on that day, copy
whereof is filed as an Exhibit in this cause-as
will be sufficient TO produce the sum Of S3i ,2l9
SO, with interest upon $ll ,229 50, part thereof
from Sd of March, 1871, until paid, and all the
proper costs and charges Of making the sale and
The costs Of The complt., &C." The undersigned
Commissioner will proceed 10 carry into effect
the said decree by exposing 10 sale before The front
door OF the Exchange Hotel, in The city OF Rich.
mond, at public Auction, for ready money, all
the real estate in the said deeds OF trust, and de-
cree mentioned. on THURSDAY The 9Th day Of
May next, if fair, and if not, the next fair day,
except such parts the said lands as are herein
after excepted; and which are excepted by the
terms the said decree that is 10 say, one tract
ofI0,800 acres in the County OF Randolph upon
Elk River, patented by the said Richard Smyth
in 1885, 20 tracts Of 5000 acres each lying in the
counties of Harrison and Lewis upon Big Steer
and Cedar Creeks all of which were patented by
R. Smylh in 1896. The following tracts lying in
The county ofKanawha; 3S,271i acres lying on
The Sou! West side OF the LETT fork OF Cole River,
93Sd2 acres lying ON The Waters Of Gole RIVER;
10000 acres lying on Big Hurricane Greek and
Mud Rivers, which tracts were patented oy Hen
ry Banks in the year 1885, one tract lying in the
county of Greenbrier of 30, 300 acres lying on
Williams River, South fork Of Guerey River,
and on Cransberry Creek, branch OF Guerley
River patented BY H. Banks. Also, tract Of
81, 300 in the county OF Kanawha, lying between
the main forks of Cole Creek, and the branches,
including some small branches OF Guyandotte, ex-
cept the following tracts or parcels which have
been sold out Of the same 10 the following persons
heretofore: 1873 acres more less, TO T. Estop, ~
to Joel Esop, l39 [more or less 10 Thomas Coop,
er, 500 TO Jno. Meddows 226l6 Tmore or lessl
sold BY the Commissioners OF forfeited and de-
linquent land OF the county OF Fayette, and pur-
chased by Guy D. French and VIM Chapman;
5000 lying on Cabin Creek and Cole river, l25
on Elk river, Of Cole, $500 and 3,0l9 on Jones
Creek of Cole, 1000 on Cabin Creek, and all
other tracts Of land which may have been sold
out of the same by James Hector, Guy d. French,
William Chapman or Jas. McLaugeriy, or their
agents, before the commencement, of their suit
against Wreen OConner, Schermerhorn and
wife. Also, one other tract of 49, 600 lying in the
county ofKanawha on the Waters OF Cabin creek
and the main LEFT hand fork of Cole river and the
branches thereof except the following tracts or
parcels which have been sold out OF the 10000
acre tract and which are excepted BY the SAID de-
cree, namely. 1000 acres sold 10 Andrew Pack
also 2ll acres TO the same, POI acres 10 Adam
Coon, 600 acres 10 William Thompson and SOY 10
Samuel Cooper.
The sale viii commence at 10 O'Clock precise
ly, and will be made without reserve. The un-
dersigned Commissioner acting as the officer OIL
the Court merely will sell and convey only the
right and title OF the above named Richard Smyth
and Henry Banks.
April ll-ctd