Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1846-03-19

,,,.....s,v continued and hrld for the tovn ol
/ ,oehbnfg at The Court house IN sad oNn' on M'o
a. ,Ee 3d d,y Of June, ls39, sitting as Count el
lbaacery: p,.,,g
john Thompson, Jr rla'"''o'
against =,
Charles Mckinney, 1hnpas Mex nney aud jon"
Mckinney es'ofs. ii William Mckinney, deceased
Samuel B-anch Iunus \. Clay, Joel MCKINNEY, WI
liam y Dasaid 1pbn ilnIbrs, Lines Japhy' Ds'i"
D5lsa. and Martha his wife. Peler Mrh uhey anu me
pfrsdcnl. Directors s Company d he Bank Of the 1
nfed Stats. b'te'"'"''
The defendant Ioeas Dupuy. VIII is Out Of his cono
nv aud against whom the panuf appears 10 have pro,
r ded a. prescribed by law, sui failing 10 appear ana
fr his an.wcr on The motion u the plaintiff by cum
sci the Court doth lake his bill for confessed as 10 me
SAID Iineas Dupuy. The sabp~1as which issued III
this cause bpalg date on Ire Esd daf 81 becF'i"f}'
1851 AID on lhe first day o January, 1858, aud which
appear To have been duly executed upon The Defendants
Gbstlqs Mex nney. Junius A. Clay. joel Mckinney.
William 5 Diuguld. John Hughes. aud Peter Mchfn,
ney and than tour months having elapsed, as wen
since the return days Of SAID snbfGna as since the hp2
Iuf the plaintiffs bill and the SAID defendants sui idllng
10 appear and file Their answers on the mntnn OF The
p5niln BY counsel the e5uft doth take his bill Tor rpn
esse5 !, To- the last mentioned defendants. Whereuppn
the eanse 10 be heard upon the BILL The answer
vi the President, Directors Company OF the Bank oil
the United States the answers OF the Defendants john
Mex rnuey ol Thomas Nix lnney, Of Samuel Branch
and OF David Bridges and Martha his wile with rep~
cations severay lbefeunto made by the palnl, except
Ia The The Bank Of the nlted States, exhibits,
The examinations Of Witnesses aud argued ny counsel
On consideration whereof he Courf beag OF opinion thai
thu finding of the Jury and the judgment lhefeon IN The
Federal Coufl, favor OF the eX'ofs OF William Mes
Kinney on lhelr plea o. fully administered, precudes
and eSops The plainu1 from claiming any thing except
for in calculation account OF the subjects com
pretended and specified 10 the executors account settled
ard recorded before dale Of said Judgment and #
his were not So vt that the several deos which are
charged ~ The settled accounts oi John Mex nney, one
Of the OF William Nj X uney, decd, being
due IN the Of William Mckinney & Co., might
rghlluly be paid by that executor oU oil the OF
his icsaior aad charged his said execuiora accounts
because The satisfactorily proven TO have been
The proper individual debts ol W Ham KINNEY and
The plaintiff having failed by any sufficient evidence 10
sustain his specific items OF surchafge and Justification 10
the SAID executors settled accounts the Cour doth de-
eide thai II is not competent or the plaintiff To npen
charge and asily the SAID settled Of The exec
utu john Mckinney, which had been settled and record
ed before the finding o the jury and judgment OF the
Federal Court aforesaid, and doth accordingly refuse To
prfmii the same IL be open. Bni the palnuf having
right toan account OF The cAreuorml Transactions, which
have happened subsequent The lofncf sediment and
in relation 10 subject, not eomprehended specified there
m, the conr doth adudge, ordtr aud decree. that the
said executors do render SGlue OF the commissioners
OF h7 Court further account Of ber administration on
the estate al Their testaor, On which account shall be
stated her Transactions subsequent To the foregoing
c1r9ed settlements, passed upon by the Federal Court
hrinulhg dawn their said date OF The
account hereby ordered in which may inelu~
dcd any other asses OF the lrslator which has come Ia
the hands OF his executors, at tme since his DEATH
and which not cnmptehended IN the ed and res
corded account aforesaid. And The plaintiff may be-
come Interested IN the equitable Of the SAID
Tor. his failure In obtain satisfaction Of his demand out
n the legal assets, he may have an account Of the ad-
minis alton of the equitable also subsequent To the
account OF hat mnd, Which had bpen settled and re
corded, before The bringing al this sui, aud may be al
low ed n surhar1e aud hlsty that account IN any spe
chic item OF charge couaud III his hill. Ia any
apparent the face al SAID account and II need be-
channe lis form and structure, but always regarding
the viii Of William Mckinney sgovernlug and control.
ling The dsp lslilon OF the equitable asseis wherefore the
Uouf doth further adudge, order aud decree that the
executions of William Mckinney do render an account
before the commissioner of the equitable assets.
which have come TO lheir hands, 10 be administered up
on the pfnc pies above stated And the plant desiring
ll he may have ace unit OF The mercantile lrauSIr>
lions o the firms of u mm and Charles Mckinney,
OF John Mckinney & Co., aud OF W lillian Mckinney
\ Co., and of The remain real estate of which VII
liam Mckinney died seized and possessed, II any there
be- embraced by the tufmer settled accounts and 10
this end hr sand executors directed produce be-
fore the commissioner wnu shall take the SAID accounts
the partnership bucks Of the several ras and also the
separate book buohs al accounts II any. Of the said
William Nj innpy. And The Conn doth further order
that the same commissioner do take account of the
plaintiffs debt and OF The date hen il was Contracted
also an account al the agancemenls, lfany were made
Ia the defendants David Bridges and wife X bert Me
Kinney and Peter Mckinney made-lhe vaue !
when made-and the present value thereof. OF of any
part thereof and Of the increase Of The slaves. if
the hands II any Of the dendan's also an account Of the
yearly value Of any part OF The said slaves which may
remain IN the hands Of any the alleged volunteers OF
nose elahln! under them except ii such may be
held by nurciase snee the death Of " Illam Mckin-
ney; and also, OF HE value of the estate of
said W IIlnm Nj Kinney both real and personal and the
amount oi debts by hun owing al The date Of said adj
vaneements And the SAID commissioner is directed 10
examine, state and settle the srverl accounts hereby or
deted. and make rerofl thereof til any matters spp
claS stated, deemed pertinent by hinsefor required by
TIE parties To be 50 stated And he plaintiff has liberty
'oeSanloe the defendants solemn firm on OATH on in
'frogatotes pertinent 10 the issues beore the commits
sloner after due notice mr that purpose
Copy-.Ies.e.
DAVID ROBES. Clerk
CoMNlssoNER's OFrIcE
lYnchhnfg. Frb'y 26rh, 1916.
Inc parties Interested the foregoing order uf court
are hereby notified that appaIo Thursday the Both day
~ apf next, TO commence the accounts therein res
'eed, on which day by the hour Of 10 A. NJ they will
please attend Al my ufre IN said town, prepared with
telr vouchers and eNhb $ Tor The examination and set
hemel 81 the matters in controversy as also to answer
IN sofma lon any Undergraduates which may be then
and lh2fe pTopnunded them Ut either of them by the
PAINFUL IN pursuance OF LIS authority so to do under the
order above
GEORGE WIN BFNAGU Com'r