Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-06-05

IN tlaNCEKf " iRGIriA :-6loncester Circuit Sl.
per!or Court If Law and chanc-ry, April term 1916.
William r. Smith and Philip T. Tabb, mr. rohan,s and
partners, trading under the frm Of William p Smith &
Co., Compartments
Thomas Sears, executor of William Sears deceased
Peter W. Btlnps, Cary Sears. Edward Sears Jasper L.
Hughes and Frances Ann his wife, Richard u Leigh,
administrator OF Joseph Leigh. deceased, Lucy Ann
Leigh, who was wife of said Joseph Leigh, Matilda
Sears, Emily Sears aud E7a Sears, the three last in
ian,s by Peter Kemp, their guardian ad tem,
This cause. which The scre facias is returned eve
cu-d on Richard Leigh, administrator Of The defend.
ant, Jc.eph Leigh. deceased, and no cause being shawn
against the same, Stands revived In the name Of the
plaintiffs against the said Richard u. Leigh and he
plaintiffs appearing 10 have proceeded e7nst The absent
defendant, Cary Sears, IN the mode prescribed 10 Law
aud he tane t. appear aud file his answer The BIZ, If
the plaintiffs J. taken tor confessed 10 t, defendant
aud The subpena- having been returned executed on
the defendants, Peter w Bmps and Edward Sears
Jasper Z. Hughes and Francis Ann his WIFE, and on ne
said Joseph Leigh IA h's lifetime, and Lucy ann HI,
vile, m"rr than Two months, and IN. .aid JOSEPH leeh
IN his lifetime, and the SAID KChard d. Leigh hi. 40.
minisiIatnr, since his death falling 10 sp1r.r arG Tile
their answers aud the other defendants Peter w Ri.
up~. Edward Seas and Jasper &. Hughes aud Frsuus
Ann his wife, and Lucy Ann Leigh failing L. apprs,
and file their answers, ON motion Of the plaintiff,
hill staken for confessed as 10 those defendants and he
cause bsing revived aforesaid In the nHne Of tho
plaintiffs, against Richard Leigh administrator OF Io-
seph Leigh, this day heard on the bill
taken for confessed as 70 the drfrn ants h. have TAIL
ed TO file their answers az nnresaid and The al
Kruip, substituted in lien OF Robert Cuns, guar
dian nd cm 10 the infant defendants, 10 which
general rrlc1tions flied, and Exhibits and depo-i.
flied and The rrce 10 the deposition 0f Henry
Sears, and Ma argued by counsel; consideration
whereof tie Court Overriding the exception to the DE
position OF Henry seas doth adJudge, order and
cree, tlat the conveyance, the blll mentioned ul
William seas 10 Peer w BlIups. OF the necos'aye,
Tom and Lnry i fraudulent, and void t. thu cred
tors OF the SAID william Sears, and such ASIDE
and that the said Peter w. Blluls responsblc for
amount for which the said slaves were sold i'm legal
Interest thereon from The date of the filing OF the bin
IN thus cause and the Court doth further adudRc order
and decree, that commissioner Of tins Court taks
account OF the amount now due from the Of vi
liam Sears, deceased 10 the plaintiffs and an accom-,
OF the trust fund In the hands Of Peter W. BlIups de-
rived from the sale Of the slaves Tom and Lucy sod
by him under the power OF attorney from william
Sears in his lifetime; and il being admitted both BY
the plaintiff. and defendants In this cause that the
lands Of William Sears, which descended to his he:-
have been sold under DEGREES of tins Court In oth,r
suits brought hy The creditors Of William Sears deere
ed, In subject his real estate Ia the payment al ms
debts, no lnqu ~ need be made In relation that
subject
And the Court doth further adndre order and d..
cree, that Thomas Sears, executor Of mann Srats,
settle before the aforesaid comnisso account q
his aciings, n executor Of William Sears; IN taking
winch account the andits, regularly returned 10 ihe
County Cont OF Gloucester previou the institution
of This suit, are To be taken as prna face true. subject
10 be surcbarged and falshed; and the Defendant,
Richard d. Leigh, administrator of Joseph Leigh o.
rected 10 settle his administration account Of Joseph
Leigh before the same commissioner, which said seve-
raj accounts the said commissioner Is directed TO state
settle and return to this Court h any matters thoueht
pertinent by HIMSELF or which may be required BY tno
parties to be so stated.
A Cow. Teste. p, II. g. CARY, %. L.