Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-05-29
COMMISSIONERS OFFICE,

IN CHANCERY-vincIsiA :-Goncesler Circuit su-
pcrior Court Of Law and Chancery April term, 1916:
William r. Smith and Philip E. Tabh merchants and
partners, trading under The firm OF William J Smith *
Co.. Compartments !:
against
Thon,a- Sears executor of William Sears deceased
Peter W Bups, Cary Sears, Edward Sears. Jasper &.
Hughes and f,anres Ann his wife, Richard u. Leigh,
administrator at Joseph Leigh. deceased Lucy Ann
Icsh, wln wife Of said Joseph LEIGH, Matilda
sears Emily Sears, and Eliza Sears, the three Inst
fns by Peter Kemp their suafdlun al Item,
Defendants.
This cause in which The ,cir G,ca. il returned exc
cnrrd on Richard H. Leigh administrator al The defend
mt Joseph Leigh deceased, and NJ cause being shown
against The same, stands revived III the name of the
pIaints, against the said Richard ID. leigh and the
plaintiffs appearing 10 have proceeded against the absent
defendant, Cary Srars, IN the mode prescribed by law
and hr failing 10 appear and file his answer. the bill of
me plaintiffs taken Tor confessed
and the Snbp9nas havin. hoen returned executed on
the defendants. Peter W. Bl!ups and Edward Sears
Jasptr C. Hughes aud Francis Ann his wife. and on he
said Joseph Leigh in his lifetime, and Lucy Ann his
wr, more than two months, and the saId Joseph Leigh
in his lifetime and The SAID Richard H. Lei. h. his ad-
mustIatur since hts death falling appear aud file
IN. r answers. and the other defendants Peter ~ Bill
Inns IA ard Sears and JASPER e. Hughes and Frances
Ann his wife, and Lucy Ann Leigh failing Ia apv-4r
and nile their motion Of the plaintiffs, their
bin istth.n for confessed Ia hose defendants and lie
cause b,ing revived rs aforesaid IN the name of The
plaintiffs. against Richard 70 Leigh administrator OF 10.
seplI Leigh, this day la br heard the bill
taken for confessed 10 the defendants, who have fail
ed IN file their answers aforesaid, and The answer cf
Thomas Sears, executor Of William Scars and Peter
krap substituted in lien of Robert g. Cnrs, as guar
dian aIl rm The infant Defendants 10 which answers
general rrpicaons fled and exhibits and drposi
lions filed and The exception To the deposition Of Henry
Sears and was argued by counsel; consideration
whereof the Court overriding The exception To the de-
pnstnn Of Henry Seals, doth adJndsr, order and de-
cree that the conveyance, IN tie b mentioned. from
William Sears Peter W. Bups, of The negro slaves,
Tom and Lucy, fraudulent, and yOld as IL the credl
tors al the said William Sears, and a. suc IS set aside,
and that the said Peter w Bups is responsible for the
amount for which the said slaves Sold fh legal
Interest ilereon .nm the date of the ming of The hill
IN this cause and the Court dufi further adni.e. order
and decree that commissioner of this Court take an
account or the due from the estate OF Will
liam Sears decreased, 10 The plaintiffs, and
of the irii.t fund IN the hands al Peter W. Bups, DE-
rIv-d from The sale Of Tie slaves, Tom ard Lucy, sold
by him under the power of attorney from William
Sears in his liirtime aud II being admitted both by
the paintif, and defendants IN this cause, that the
lands OF William Sears which descended 10 his heirs,
have hern sold under DEGREES oi tins Court IN other
sus brought by the creditors If William Sears deceas
rd 10 subject his real estate to the payment Of his
drbts no inuu ~ need now made in reatonto that
subject.
And the Court doth further ahJudge, order and de.
cree that Thomas Sears. executor of William Sears,
settle before the aforesaid commissioner an account Of
his actnps rs executor Of William Sears; in taking
which account The andirs, regularly returned To The
Co,nty Court of Gloucester previous 10 the Institution
nj ihs suit are be taken prIna ace true, subject
IN n. s,Irch1ryrd and faiSi-d: "nd the Defendant.
Richard D. Leigh administrator of Joseph Leigh. i d.
rrrtrd 10 settle his administration account oi Joseph
I4irb hcior. the same commissioner winch said Seve-
"a rcnrr- tbe said commissioner is directed state,
scfl ard return 10 this Court I'm any matters thought
pertinent nv himself or which may be required by The
p'''ss c - - Tes,e. E. D. s. CARY, D. C.