Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-06-12

IN CIANCERY-vrrcisr. :--Gloucester Circuit su-
perior Court Of Law aud Chancery, April term, 1916:
William +. Smith and Philip F. Tabb, merchants and
partners, trading under the firm Of William Smith &
Co., co;npainan;s
against
Tnom,s Sears executor of william Sears deceased
Peter -. E.!gp, Cary Sears, Edward Sears. Jasper G.
Hughes and FiaurcS Ann ii, vile, R.ch,T.; b. Leigh
administrator IL Joseph Leigh. licensed. Lacy Ann
Leigh who wife of s.ld Joseph fci.h, Matilda
Sears Emily Scars, and Eliza Scars, three last IN.
fant- by Peter Kemp, their guardian al Item
Defendants.
THIS cause in which he scirc iac:as is rrlrn-d exc
curd on Richard b. Leigh administrator Of The defend
ant, Joseph Leigh. Deceased and cause being show
against the same, stands revived IN the name Of III.
plaintiffs against the said Richard u. Leigh, and the
plaintiffs appearing 10 have proceeded against the absent
defendant Cary Scars. III the mode prescribed by law
and he failing 10 apprar and file his answer the bin
the plaintiffs Is taken for confessed AZ to that defendant
and the snhrenas having horn returned executed on
The defendants, Peter ". Dups and Edward Sears,
JaSpsr e. Hughes aud Francis Ann his yi:e ami on
said Joseph :.t.h in his lifetime, and Lucy Ann his
wife, than tao morths, ana ta aid Joseph Leigh
III his lifetime, and the sad Hicha:G d. Leigh his ad-
uasiratnr since his death falling 20 aplrar and file
their and The oaF Defendants Peter W. Bill
lup fd :ai S:as' tni jds:eT t. lin .brs aud Frances
Ann h's wife, ard !.rcy Ann Leigh failing 10 appear
aud file their motion uf the plaintiffs ihcr
bill is taken for conirs sed aS Ia those defendants, aud the
cause hcinr revived aforesaid In The name Of the
plaintiffs, against Richard Leigh, administrator OF 10
sepb Leigh, came ,his day Ia br Eeard the bill
taken for confessed 10 The dcen ANTS, who have fan
ed fife their aforesaid, and the answer OF
Thomas Sears, executor of William Scare and Peter
KEMP substituted IN lieu Of Robert T. Curs as guar
dian ad Item 10 the infant Defendants To which answers
general rrrlicatons are flied, and exhibits and deposit
tons filed aud The exception 10 the deposition Of Henry
Stars, and argued by counsel; consideration
whereof, tie Court overrung The exception to the de-
position of Henry Seais doth adudge, order and de-
cree. that the conveyance, IN the bill mentioned from
William Sears 10 Peter w Bl!ups, Of the negro slaves
Tom and Lucy. fraudulent, and Void to the credi.
of the said William Sears and such aside
and that the said Peter w. Blinps responsible for the
amount for which ;he said slaves were Sold iih esa,
interest thereon. from the date Of the ae of The hill
in this cause; and ihc Cont doth further luGcc order
and decree. that commissioner o tins Curt take
account Of III: aIonni nnS due from The estate Of WI
lam Sears deceased, 10 the plaintiffs, and an account
of The trust fund IN the hands nj Peter W. BIiups de
rived from tlr sale 81 The slaves Tom and Lucy sold
~ him under The power Of attorney from William
Sears in his lifetime, and il h.ng admitted, both By
the plaintiff. and defendants IN this ca.se that the
lands of William Sears, which descended 10 his heirs,
have been sold under DEGREES nf this Court in other
suits brought by The creditors n William Sears dece.s
ed, subject his real 10 The payment of his
dents. inquiy need made in reltipno that
subject
cree that Thomas Searl, executor OF William Sears,
settle before the aforesaid commissioner an account OF
his ariingi, rs esecrto. q! William Scar: III taking
which account, tle aGds, regularly returned 10 the
County Court ui Gloucester Previous % ir institution
nf This S rakrn prima facic true, subject
Ia b. Surclir.rd aud fas!iirh: and the defendant.
Richard ~ i.-i.l adg.iai-rI'rr "f joseph Leigh j. dI
rrccI IN settle his administration ;rrusu; OF Joseph
Leigh hrnr, The SAME cumnis !oer, which sad seve-
raj accounts the said coni, il rc-d STATE
scale and return this Court i,h any thought
pertinent by himself, which may he required by The
parties IN be 80 stated.
Copy Teste, +. j.. ;. CARY, ID. Z.