The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-05-19


Gerry held for Norfolk County, the 18th day of April
Ashriel W. Wilson. Jacob H. Kelly. S. B. TAI
tenn, Assignee Of A. N. Foreman John d.
Mccoy, Exec utor of Frederick Smith decd
and the President of Yeates's Free School,
who sue as well for themselves other judg- -
ment creditors, who are entitled TO partici-
pate in the funds. =
Plaintiffs 2
William NJ. Wiley, Arthur r. Smith. Admin. z
istrator OF Thomas HughIet. deceased, Ar. a
thur Emmerson, Executor Of Arthur EN-. =
merson, deceased, James S. Segune LEROY
G. Edwards, Tazewell Taylor, Lauretta viii
ley, Arthur X. Smith, John G. Hatton, John
Nash, John Collins, Jas. G.. Hodges, G. Mil.
Ter, and Thomas H. Portlock, Defendants
THIS cause came on this day to be further heard
l. on the papers formerly read and upon the Re-
port OF Commissioner Holiday, taken and re.
turned to Court in pursuance of the decretaj order
made herein on the 18th day of April Is45 To
which report no exceptions were taken and was
argued by counsel. On consideration whereof the
Court doth confirm the said report, and being of
opinion that the lien of the ud of the sever
al creditors of the defendant, VIM. NJ Wiley. who
nave proved their claims before the Comm ssioner
overreaches the lien Of the trus. deed in the pro-
ccedings mentioned, executed by the said WILEY
to Thomas Hughlett Trustee, upon the lands NJ
inc said wiley, conveyed by said deed, and that
the said creditors are entitled to have satisfaction
OF their said judgments. according TO their respect
I've legal rights and prortes of the said lands
the rents and profits of which are insufficient to
keep down the interest in said Judgments but re-
serving for future decision the question as to the
respective priorities of the said Judgment credit
ors doth adjudge order and decree that the defen-
dant, Lekoy u. Edwards, the substituted Trustee
In the room of Thomas Hugh!ett, Decd sell al
public auction, to the highest bidder before the
Court House door of Norfolk County on some Court
day, having first advertised notice OF the time and
place of sale, for thirty days in one or more of the
newspapers published in Portsmouth and Norfolk.
and at the Court House door of Norfolk County,
and at some public place at Deep Creek the fol-
lowing tracts of land situated in the County of Nor
foik, and conveyed by the deed aforesaid of the
said William M Wiley, viz:
The Tract of Land containing one hundred md
nifty acres, lying in the Western Branch of Eliza
beth River, which the defendant VIM NJ WILEY
purchased of James Cornick by deed recorded IN
1889, the boundaries of which are mentioned in
said deed. "
Also certain other Tract lying on the Western
acres, purchased by said Wiley of King and Ar
rington by deed recorded in 1899 and bounded
| as mentioned in said deed.
Also one moiety of the Tract of Land. contain
ing sixtyslx acres, and two thirds lying near the
mouth of Deep Creek, purchased by the said Will
ley, from Joseph Hodges by deed recorded in 1883,
and bounded as mentioned in said deed
Also one undivided fourth part of the folIowino
Tracts Of Land. situated in the County of Norfolk,
VIZ One Tract containing eighty acres On the
Western Branch, and in one other Tract of two
hundred acres on Gaulbcrry Swamp, and in one
other tract of seven acres near Cranberry swamp
lands and In one other Tract OF fifty acres, near
the tract last mentioned, and in one other tract of
hve hundred acres on Hcrron's Canal which said
one fourth interest in the lands herein last mention
ed, the said Wiley acquired by descent from his
deceased father, and brother, and sister and a
like undivided one fourth interest in tract of land
purchased by the father of said Wiley from Feii3
Fertec, and acquired by the said Wiley as afore
sald-and that the said sale be made by the said
LeRoy u Edwards, on the following terms viz:
On credit of six months, except for 80 much as
VIII pay the expenses of the sale and the costs of
TINS suit and any proper charges of the said Leroy
U. Edwards in defending this suit for which
amount the said Commissioner will require in ca sb
from the purchasers, and for the residue taking
nFlft from thr.~
ing the title until the further order of this Court
which said bonds together with report of his pro-
cecdings under this decree, the said Leroy G.. Ed.
wards will return to this Court
Copy, Teste:
VIM. ]. HoWAND, d. c..
the lands therein designated, will be offered for
sale, before the Court House door of Norfolk Coun
~, on MoNDAY, the 10Th day ofJunc next. Sale
70 commence at meridian.
n LEROY C. EDWARDS,
way I9-oD Commissioner
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