Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1846-03-12
Plaintiff,
john 'i'hou pson, Jr.

day. The ora dty OF oate, io99 sisli"o "a N'ui ~
thancery:
John Thompson, Jr. Plaintiff,
against
Charles Mckinney, Ihomas NIX nhey aud John
Mckinney ey'oTs. Of William Mckinney. deceased.
Samuel 5.aneh, Junus A. Clay. Joel Mckinney, VII
lam ;. Dluaald, John Hughes. Liueas Dapuy. David
Bridges and Martha has wIlo, Peter Mckinney, and HE
President Directors & Company ol The Bank OF the l
nIted States, Defendants
The defendant Iueas Dupny who is cut ui ms coun
try aud against ~hom the Flanud appears II have pro-
ceedeJ prescribed by law, sui falling 10 appear and
file bis answer, on the mo'luu NJ The plalnif, b. cJ6n-
sci. the Cuun doh take his b for confessed to The
sad Lineas Duruy The suapeaas which issued IN
Tins cause hearing date the f231 day Of December,
1857. and The first day OF January, ls55, and nhich
appear have been duly executed up1n The defendants,
Charles Mckinney. Junius 4. Clay, joel Mckinney.
William >. Dugud, Jahn Hughes aud Peter Alcl<ln-
ney, and more than Jur months nagng elapsed we'll
since The days Of said sub the fling
u the plantlli bill, and tie slid deeadins sill failing
10 appear and file Their The mutton of the
palnl by counsel the doth take his ii for
iessed as 10 the last mentioned defendants Wherfup5n
the cause came on 10 be heard upon The bill. the
Of the President, Directors 4 Goulany at he Bank OF
The United States, The answers OF HE defendants john
Mex nuey, Of Thomas Mckinney, Of Samuel Branch
and OF DAVID Bridges aud Martha his wife, with repIi-
cations seveaily thereunt1 made by Tie paint except
To the u the Bark OF tie United States exhibits
The examinations oil witnesses aud argued ny couase
on consideration Whereof the Cour being ulupluon tal
The finding OF the Jury and the Judgment thereon. in the
Federal Court, IN favor of the eX9fs. Of William NJ.
Kinney, thclr plea u. fully administered preclues
aud esloPs the palnu from claiming any thing except
for errors IN calculation account Ut the subjects
pfehended aad specified the executors settled
AID recorded before the date Of said iudgment-and #
his Were not vt that The several deo which are
charged In the settled Of John Mckinney one
oi The executors u w llam MIX aney, derd baln1
due IN The name Of " lam Mckinney 4 Gu, miah,
rlghnliy be paid by that executor Out Of the assets Of
his es'ato aud charged IN his said eXrculoa accounts
because The same are satisfactorily proven 10 have been
The proper individual dents OF William MrKnney and
The plaintiff having tailed by any Sufficient evidence 10
sustain his specific Items ot snfchafge anl Justification 10
the said executors settled accounts, the Court doth
eide thai 1t is not competent for the plaintiff to opDn sur
charge and hsy the said settled accounts of the exec
nor john Mckinney which had been settled and record
en before The hndng OF the jury and judgment OF The
rdefal Court aforesaid and doth accofdnglv refuse
permit the same 10 be open. But the plalnuff having
right 10 Of the eXecutual Transactions winch
have happened subsequent the former sediment and
IN relation 10 subjects not comprehende specified the
H. the Court doth adjddge order and Decree that the
said executors do render bee Of The commissioners
OF this Count further account OF their administration on
the estate Of their ies'aor On which shall be
stated thelr transactions subsequent to the foregoing re
corded settlements passed upon by the Federal Court
bringing down their sad Transactions the date of the
account hereby ordered, in which may ncn~
ded any other assets OF the .esiaor which has To
the hands of his eXecuors any sace his dpa h
aud which comprehended In the settled and reS
corded account aforesaid. And he plaintiff may
come interested in the equitable Of the SAID tesla
Tor on his failure 10 obtain satisfaction Of his demand ont
ut the legal ASSETS he may have account OF the al
minsraon of the equitable assets Also subs the
account of that fund which had been settled and It.
corded, beiue the bringing Of this suit, aad my be
lowed To suTcaF9e and ialSY thai account any spe-
clfc Hem Of charge contained IN bis bill la rorrcci any
apparent error on the face al said account and need be-
to change lis urm and structure, but always regarding
tho viii OF iiIam Mckinney governing and control.
ling the disposition Of the equitable assets wherefore the
Court doth further adodge. order and decree that The
executors OF William Mckinney do render an account
beture The same commissioner of the equitable assets,
which have come TO their hands 10 be administered up
on the principles above stated And the plaintiff dtslri
H. he may have of the mercantile lranslc>
TONS OF the firms of William aud Charles MeKnnev
OF John Mckinney & Co, and ofWilliam Mckinney
\ Co., aud OF The remaining real estate of hich WI
ham Mckinney died, seized and possessed it any there
he n1 embraced by The trmer settled accGuHis aud To
this end the said executors are directed To produce be-
tore tie commissioner who shall take the SAID accounts
the partnership books Of the several firms and also The
separate boil or books Of accounts If any 81 the said
W liam Mckinney. And the Court doth further order
that the same commissioner do take Of the
planiii debt, and of the date when Contracted;
also an account III the advancements iany made.
10 the defendants David Bridges and wife. Robert Nc
Kinney and Peter Ncklnney-when made-ihe value
when made-and the present value thereof q Of any
part thereof and o the increase Of the Slaves now in
the hands of any If the defendants; also an account he
yearly value Of any part of The said slaves which nav
remain in the hands OF Of the alleged volunteers or
those claiming under them Except Of such as may be
held by nurchase) since the death of " an Mekin-
nry; and also, account OF the value Of the Of
said W l'am Mckinney both real and personal. and HE
amount Of debts by him owing the dale Of SAID adj
yancemens. And the said commissioner directed To
examine, state aud settle the several accounts hereby or
dered, and make report thereof, til matters spp
cally stated deemed pertinent by hmspfor reqpred by
the parties to be stated. And the pnniG has liberty
10 examine the defendants in Solemn firm On oath On in
ierfaeaores pertinent 10 the Issues he1re the cumns
soner, after due notice for that purpose
C0py-'Fcse.
DAVID ROBES. Clerk.
Nr.pic