Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-05-22

IN CIANCERY-yrn.r>I. :-Gloncestrr c,s.,nt 5.
peror Court 81 Law and chnna-ry, April term, lo
William Smlih aud PhiIp T. Tabh. merchants ~.
parIncrs trading under The finn of William r. Smh
CU Complainant
against
Thomas Sears executor Of William Sears .i.,1as,1
Peter w Bilnps Cary Sears, Edward Sears, Ja.p,f ,
lIughe. and frances Ann his wife, Richard u. i.,i.h
administrator of Joseph Leigh. deceased, Lucy Afp
Leigh, who was wife Of SAID Joseph Leigh Mt.t.
Sears, Emily Sears, and Eliza Sears, the tlTr. laH y
Defendants.
This cause in which tie sore facia. j. returned -
cuted Richard B Leigh, administrator al the d,t
ant Joseph Leigh, decreased, and cause beng show
against the 'anr, stands revived IN the nam" - %
plaintiffs, against the said Richard II. Leigh. ani
plaintiffs appearing {" have proceeded against The n
defendant, tary sears, IN the mode prescribed b, lN
aud he failing I" appear and file his answer tr hl q
the plaintiffs II taken tor confessed To that defendant
and the subpoena having hr-n returned rhe,itt ~
the defendants. Peter w. Biliups and Edward >r,F-.
Jasper {. Hughes and Francis Ann his wc. aht ~ no
said Joseph Leigh III his lifetime, and Intt Van -
wife, more than two months, and the SAID Jos' ~ ".a
in his lifetime, and the sand Richard u. Leigh, hi, 20
mnsirator, -lncr his death faliine 10 APPEAR q. ~
their answers, and the ether defendants, Peter :"
iups. Edw and Sears and Jasper e.. Hughes aud ili
Ann his wife, and Lacy Ann Leigh failing =, atfa'
aud Tile their answers, on motion 81 the plan!- 10
bill Is taken for confessed a. 10 those defendant ami
cause being revived aforesaid IN the name ct ~
plaintiffs against Richard %. Leigh admmsifiuroi
srph Leigh, came This day 10 be heard ON me
taken for confessed ~ To The defendants who have
q
Thonas Sears, executor Of William Sears and i,.r
KEMP substituted IN lieu of Robert &. Gurus, II eH
dian ad liicm 10 the infant defendants, Ia which ars"
general rrplications iilrd and exhibit. and trg-
TONS filed, and the exception Ia the deposition q" if
S.ar- and argued hy counsel, on Cntsidti.'
whereof, the Court oveniilns III, exception ioiht =
position OF Henry Seals, doth ndIudge, order ihH +
cree, that the conveyance, in The hill msntinntd ~
William Sears 10 PeIer w. Bilmps, q! thr nrsin 49,
Tom and Lucy. Is fraudulent, and void a. o. l!- f
tor. OF the said William Sears, and as such !, 81
and that the said Peter W. BIllups IL respOn-bit
amount for which the sadi slaves were sold. " r
interest thereon, from the date Of the Nun. 81 Ia
in this cause and the Court doth further adIii.'
and decree that commissioner Of this to1h ~
account Of the amount due from the estate 81
liam Sears deceased, to the paIntIfTs aud an &C.
Of the trust fund in the hands Of Peter W. Bl.lp''
rived from the sale Of the slaves, Tom and LI,f,
by him under the power Of attorney from -.
Sears in his lifetime; and II being admitted, ny
the plaintiffs and defendants IN This cast ne
lands OF William Sears, Itch descended 10 NJ
have been sold under DEGREES OF Tins tour. y, -.
suits brought by the creditors Of William scar - i,
cd 10 subject his real estate to the pay mrW -,
drbts no inquiry need now be made IN relat''n''
subject. Ind b,
And the Court doth further adJudge. order aS ~,
cree that Thomas Sears, executor Of Nibdu !, r
settle before the aforesaid commissioner an
his actings, as executor Of William Scar - ~
which account, the audits, regularly Tetl' ,.,,fst
County Court of Gloucester previous 70 the st,f
of this suit, are 10 be taken as prna iaelt uue
TO be surcharged and fnlsIhrd ana thr ue s
Richard D. Leigh. administrator OF Joseph 20 io.e&
rected 10 settle his administration account ~
Leigh before tho same commissioner, winch r., .n'r
raj accounts the said commissioner IS difee.e
settle and return TO this Court. Win any ma \, ss
pertinent by himself, or which may pe Nf
parties to be 50 r stated EB. $. CARY e
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