Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-05-06
WESTON, LEWIS COUNTY.
Caution to the Innocent

THE writer Of this canton has knowledge Of
i The titles and lands advertised, over the Sig
nature oil John F. Schermerhorn. He has also
knowledge OF The circumstances under which the
decree has been rendered, By which these lands
arr objected Blu, The limits OF this notice will
aJ, admi; Of a full explanation
Il was Gell known 10 the counsel Of the acting
plaintiffs. a> well as 10 John F. Schermerhorn, as
early as The year 1911, that there was an out
s,ardins iced OF conveyance from Henry Banks,
lhogei lew DAYS Younger than the one To Spots
soci AMI wife. Vet Il had prior legal validity
!ron the fact. that il was admitted 10 record
within eight months from is execution while that
. r G.. W SpotSwood and wife was not re-
cort.d for nearly year after its execution. The
one 10 Jas. w. Denny was for valuable conside
raon-ihat 10 Spoiswood and wife without con
sitera,ion, Except love and afection.) So sensi-
BE Q! il were The parties, that before the decree
could be obtained, though il had been agreed on
te,wetn the plaintiffs and the special commits
SiOner, 10 the character of assumed defendant-a
compromise was entered into with the trustee of
Vim Chapman, Guy ID. French, and James
Hector, Of the second part, who claimed under
he conveyance from Henry Banks 10 James w.
Denny, and who was resisting the decree sought
under he deed 10 Spo,Swood and wiie-wherehy
!arse portions Of the lands claimed by them were
released and excepted in the advertisement in
!ayor Of the younger deed.
Inc writer does not hesitate 10 charge unfair
conduct in this man Schermerhorn, and, upon
etaninaiion il must be brought 10 the understand
ing OF the counsel that while Scherrnerhorn is
t-lore The Court, apparently acting in the charac
Ter OF defendant, he has been the active man in
conseniing and fixing decree OF thirty odd thou
sand dollars on the estate Of the late Henry
Banks. under contract out OF Court with the
Plaintiffs, 10 allow him one moiely Of the consent
decree Tor his share, on report OF Commissioner
Gfeenhow, made some thirty years past, tha,
could be successfully contested, in which repor,
suhdry alternate amounts are presented in one
aspect, Richard Smvhe is reported 10 be the deb
soT OF Henry Banks. But Mr.. Schermerhorn, in
ae'anii OF his duty OF contes,ins as an honest de-
ienuani, and 10 The injury Of the innocent and
MHenng creditors Of The late Henry Banks,
g,eeoiy sene The largest amount reported agains,
Henry Banss, which he knew, or ouoh, 10 have
known, that Henry BANKS had resisted 10 his death
as not Justly due.
II The proper defendants had been made 10 his
sui, defence would have been made which
wonld nodoub', have resulted in The FACT iha, Hen.
~ BANKS was no, indebted TO the Plaintiffs. An
honest defendant, sensible of credits that Henry
Banks estate was entitled 10, would have had
applied 10 Inc liquidation Of this decree, the par,
os me LANDS sold by Chapman. French and Hec.
o', together with the value Of the lands surren-
N'ei 70 Them BY compromise, and thai produced
y ne active fundamentally of this very effec-
I'VE defendant and special commissioned, Scher-
nerhorn.
The foregoing remarks arc moi The only obicc-
IONS 10 the offering Of these lands, because those
"ncerned can have the proper correction Of the
soss wrongs and injuries inflicted on their rights
y an investigation before a Court OF Equity !;
'Nlo expose the acting and interested plaintiffs,
laa VIM. Brodie, one Of Dayle's representatives.
q well as Mr.. Schermerhorn, who are united
y ne scheme and object Of palming OIL these pa
seer';'es 10 lands upon innocent persons, when
:.aey well know, Qor they have been out
" lie West where many of these lands
s s'e sliuacd,) that the titles OF Banks and
sqy'he 10 these lands are OF very little
.ep'e; that they are all or very nearly all for
.eHed and Incidentally lost. for taxes 10 large
amount due the Commonwealth; and persons
sao ieel concerned 10 know the correctness OF
.nls statement, may learn the confirmation by
" '. 10 James E. Heath the Auditor. 1t
s.,l oe found that all or nearly all the lands OF.
~ lor sale, have been transmitted to the Com
ir..s,oners OF the respective counties where the
;aods are situated 10 be sold as forfeited so that
s o. iast The lands do not belong to Banks nor
tracts have already been sold as
~,..l'ed land. The plaintiffs and the defendant
xns Soiernerhorn, are purchasers Of
ue o. Inc very tracts now offered 10 be sold again
Ol,he s'h May.
"a nc ie,s'O acres named in the list has been
400 as forfeited 'land-also, the twenty tracts OF
acres each have been in part sold by the
phhallssloners OF Lewis county in the name of
Cara Smythe, and the residue reported By The
i. ;n''ssoner as being covered by other and bet
viii S rs 10 The adverse possession Of purchasers
'hei' taxes paid.
May s-lr Lem = 0i'pphc'oH'