Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-04-18
EXTENSIVE LAND SALES

norm, VINO Is hereby appointed spe cial Commits
sioner Tor the purpose, do, after having given d
weeks notice Of the time, place and terms OF The
sale, by advertising IN some one or more OF The
newspapers published in the city of Richmond,
expose 10 sale in the SAID city al public auction 10
the highest bidder, for cash. so much OF The real
estate conveyed by Henry Banks in trust Of John
Graham, John Hopkins and Thomas 1'aylor(all
of whom are now dead,) TO secure 10 the said
Richard Smyth the payment Of u, 600 dollars with
interest thereon from the 9Th day OF April, 1903,
until paid by deed bearing date on that day. copy
whereoiis filed as an exhibi, in this cause-as
will be sufficient 10 produce the sum OF So ,2l9
SO, with interest upon Sll ,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 compit &c" The undersigned
Commissioner will proceed 10 carry into effect
the said decree by exposing TO sale before The front
door OF the Exchange Hotel, in the city Of Rich
mond, al public Auction, for ready money, all
the real estate in The said deeds OF trust, and de-
cree mentioned, on THURSDAY The S'h day OF
Nav next. if fair, and il not, the next fair day,
excep, such parts otihe said lands as are herein
after excepted; and which are excepted By The
terms ofhe said decree; that is 10 say, one tract
of 800 acres in the County OF Randolph upon
Elk River, patented b. the said Richard Smyih
in 1895; 20 tracts OF 5000 acres each, living in the
and Cedar Creeks, all OF which were patented BY
R. Smyth in 1896 The following tracts lying in
the county OF Kanawha; 1927! acres lying on
the SouiS West side OF the left fork OF Cole River,
23242 acres lying on the Waters OF Cole River,
10000 acres living on Big Hurricane Creek and
Mud Rivers, which tracts were patented by Hen
ry Banks in the year 1876; one tract lying IN The
county of Greenbrer OF $4,000 acres lying on
Williams River, South fork OF Guerey River,
and on Cransberry Creek, branch OF Ciuerley
River patented by H. Banks Also, tract Of
$4,000 in The county OF hanawha, lying between
the main forks of Cole Creek, and the branches,
Including some small branches OF Guyandoue, ex-
cept the following tracts or parcels which have
been sold out Of the same TO the following persons
heretofore: 1873 acres more or less TO /. t.stop, ~
10 Joel Estop, l39 more or less 10 Thomas Coop
er, 500 10 Jno. Meddows, 22,6l6 [more or less
sold by the Commissioners OF forfeited and de-
linouent land OF the county o. Favet.e, and pur-
chased By Guy D. French and VIM. Chapman;
5000 lying on Cabin Creek and Cole river, l23
on Elk river, of Cole $500 and 30l9 on Jones
Creek Of Cole, 1000 on Cabin Creek, and all
other tracts Of land which may have been sold
ont of the same b. James Hector GUY d. French,
William Chapman orJas McLaugerty or their
agents before the commencement of their suit
against Wreen OConner, Schermertorn and
wife. Also one other tract of 10000 living in the
county OF kanawha 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 oil acres 10 The same, POI acres 10 Adam
Coon, 600 acres 10 William Thompson and 500 10
Samuel Cooper.
The sale will commence al II O'Clock precise
Is and will be made without reserve. The IN
dersiened Commissioner acting as The officer OF
the Cour. merely, will sell and convey only the
right and title OF the above named Richard Smyh
ard Henry Banks.
JOHN T. SCHERMERHORN.
April ll-ctd.
Un,'ed States Of Amer1ea Eastern Dis'eid Of E'.r-
Sinid-so.
YNO the Marshal tor the Eastern District OF
i Virginia-greeting
Whereas, Samuel Hopkins, Sylvester Smith,
Matthew DorIing and Charles Hopkins OF Brook
haven, in the county OF Suffolk. New York, have
exhibited libel in the Distric! Cour Of Virgi-
MIA, alleging in substance, that ihey were the
Joint owners 0! schooner called the Volta. buill
in Brookhaven in 1886 and enrolled according 10
the act OF Congress, in july, 1899 which said
vesse! or schooner, in December, 1889, with
Charles Hopkins master, sailed from The port Of
ST Jaeo de Cuba, on return voyage 10 The por.
of New York, in the United States; and that, in
the month OF January 1910, when or The coast OF
the United States, from tempestuous weather and
apprehensions as 10 the safety Of The vessel, she
was abandoned By the master and whole crew;
that the said Charles Hopkins, master of said yes
sell though deemng il prudent 10 le:,"e her al the
time, with his crew, yet did so with a view 10 gel
assistance, and return and take possession, he
never having contemplated an entire abandon
ment; and the situation Of the vessel, as seen
after the storm had abaled being SUCH that il was
manifest it could, by the said Charles Hopkins
and crew, have been re-poSsessed and carried safe
w into It's destined port that after the said schoon
er Volta was abandoned, under The circums,an-
ces as before stated, on the high seas, hy her
master and crew, she was fallen in with by the
ship Madison, Of Petersburg, Virginia, c. d.
Wood master L. E. Stainback, Son & Co. own
ers, and was, b. the said ship Madison, and her
master and crew, towed into The harhor Of Nor
folk, Virginia, and there, on the q Of March,
1870 was publicly sold, for the sum oil Sl,625
which said sum OF money was received bv the
said L. E. Stanback, Son & Co.; that the pro-
ceeds arising from the sale OF the said schooner
Volta were, by the said L. Z. Siainback, Son &
Co. taken possession OF, and received, and ~
them are still retained and held without any legal
process 10 authorize such proceedings, and with
out any previous notice 10 The owners of the said
schooner Volta.
And whereas the Judge Of our said District
Court hath ordered, directed and appointed The
18th daY of May next for the said Liiileberry f.
Stainback and Francis c. Siainback, surviving
partners OF Liteberry +. Stanback, Son & Co,
and all others concerned, 10 be cited and intima.
led TO appear al the United States Court Room, in
the CITY of Richmond, and show cause, il any
they have, why Judgment should not pass a
prayed-you are, therefore, hereby authorised,
empowered and strictly enjoined, peremptorily 10
cite and admonsh the said Li,,leberry +. Stain
back and Francis c. Sianubaek, (rio IS nor re-
siding Ia Neg Orleans,) surviving partners OF Lit
tleberry E. Stainback, Son & Co, c. D. Wood,
master Of ship Madison, and all persons whalso-
ever having, or pretending 10 have, any right, IL
IL. interest or claim, in or 10 the said schooner
Volta or The proceeds Of the sale Of the same, (hy
leaving with the said Lueberry f. Stainbac6
copy OF this process, and publishing The same
once week in some newspaper printed at the
city OF Richmond TO be and appear al The time
and place appointed as aforesaid, before the Judge
aforesaid, and also to appear al every session and
sessions To be held there, aud from thence until
The dehnilive sentence shall be read and pro-
mulged in the said business, inclusvely, and TO
proceed TO adjudication in the premises; and to
abide BY and perform all and singular such lu-
dicial acts as are necessary and by law required
to De done and expedited in the premises and,
further, to do and receive what unto law and JUS
tice shall apperain under pain OF The law and
contempt thereof the absence and contumacy OF
them and every of them Notwithstanding. And
whatsoever you shall do in the premises you shall
certify unto the Judge aforesaid, al the time and
place aforesaid, together With these presents.
Witness the honorable James d. Halvburton,
Judge of our said District Court, this fourth day
Of March, ls45
A Copy-Teste: 2. MAYO, elk.
EDMUND CHRISTIAN, Marshal U. S., E. D. Va.
March 2l-w9w
G. CHARLES LUMSDEN, Watch Maker