Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1848-11-30
Com M lSSiONer'S NuTc

a Circuit Superior Court Of law and Cb,noo.
- continued BY adjournment and held for III '.e'y.
of September, lS45 ~ on day
Hudson Nj. Garland, Jr and John II. P,n,r, ].
merchants and partners trading under the syla a!e
OF Garland and Pamplin. John Whitehead Isant Urn IN
Garter, Arthur B. Davies, Pitt Woodroof, Co..
Sale, Addison Taliaferro. J"srph Penvphn. WH Tls
Dent zyGha!lah D TinsIey James Daniel l. Jpno m
rierce, William billiard and Moses Philips Oyar,,""1s
OF The Poor TOR the county of Amherst Moore ana
A'' anu n'u''u"u ~ Moore Plaintiffs
William " Hudson and Deliah his wifi Bo,...
Hudson, and Benjamin Camden and John IIriab, .''
mInIsrators Of James H. Davenport, deed
Defendants.
ne subpG1as which issued herein dated the ION ma
2|h days OF June, 1874 and which appear to tavs NV
executed upoa the Defendants William W. Hudson ,nd
Deliiah his wife, and Bennett Huds n, and alhmab
more than two months have elapsed well since the -
turn of the srbpenas aforesaid as since the inr If ~
flanifs bill, and the said Defendants st failnr II j,
pear ana answer on m lion ofthe Plaintiffs by cov>ss
tneir Dill IS taken for confessed against said view
ua"'s. ana theeupon, this on TO be heard
upon the BILL the answer Of Benjamin Camden and John
ilegil'' Administrators Of James H. Davenport decd
with replication thereto exhibited and was arcned h
counsel On consideration whereof the Court doth d.
cree that the deeds G and ID. exhibited with the PLAIN
lillS bl, that is the deed from Bennett Hudson to VIII
liam W Hudson, and the deed from the same William
'" Hudsonlo Davenport, for the benefit of Dplah Hud
so are as TO creditors voluntary and fraudulent but only
as 10 creditors then in existence and afei con
racted debts, unless it could be shown (Which is not
done IN This case) that the said deed were made at the
time when the grantor was in insven circumstances Or
with view 10 future Indebtedness The Court is also
OF opinion, that the Plaintiffs. the OverSeers Of the poor
for Amherst county, and the Plaintiffs Moore and Dun
can and Edmund C. Moore, have neither shown them
selves entitled to overreach either Of the said deeds al
though voluntary it anesy appears that the debts
were not contracted the dates If the said deeds but that
he debts of Whitehead and Garland s Pamplin over
reaches the deed d. because in existence prior thereto
The Court doth therefore audge order and decree that
the bill Of the said Plaintiffs be dismissed as to their said
Claims without costs, does appear that any de-
PENDANT has expended any thing in conruvernu their
claims. The Court doth further adjulge order and de-
cree tina, the said deed ID, the said Whitehead and
Garand and Pampin be sci aside and annued and that
unless the Defendants, William w. Hudson shall with
IN ninety days from the date thereof pay 10 the Plain.
TIL. John hehrad the Of one hundred and seven
teen dollars and five cents with interest to be computed
at the rate Of SIX per centum per annum eighty five
dollars and six cents, part thereof, from the l7rh day
ofJuly, 1913, Ill payment, subject to a credit for forty
four dollars and sixty cents. paid the Isl day of Jan
uary, 1915. And 10 the said Garland and Pampln the
sum Of fifty nine dollars aud thirty SIX cents with inter-
est to he computed the rate of six per centum per an
mum, forty dollars and eighty five cents part there
Of. from the 3ls day Of August, 1915 till paid, and to
the Plaintiffs, Whitehead and Garland and Pampln,
their costs by them about their suit in this behalf expen-
ded then and IN that case, either Of them the Court
doth adudge. order and decree. that William NJ W aIler
the Sheriff Of Amherst county, who is hereby appointed
Commissioner for that purpose do after advertising the
Time and place Of sale for thirty days in the Lynchbu!s
Nlrgnian" and at New Glasgow proceed upon the pre-
misses, to sell to the highest bidder upon credit Of SIX
twelve and eighteen months, for equal portions Of the pur-
chase money, all, or So much Of the Defendant William
w. udsons. reversonary interest in the tract land
conveyed by the deed James H. Davenport as shall
be sufficient to pay the Plaintiffs their debts hereto
fore decreed unto them and their costs taking from the
purchasers bonds with appoved security for the payment
of the purchase money and report his proceedings to The
Court at the next term thereof
Plaintiffs costs, A copy Tes'e.
So 81 RO. TINSLEY, OK.
Pursuant TO the foregoing decree SHALL on Thursday,
the seventh day of December next npon premises
proceed to sell the highest bidder upon credit Of six,
twelveand eighteen months, for equal portions Of the pur-
chase money, all or much Of the defendant William
IL. Hudsor's reverslonary inereat in the Tract of
Land conveyed by the deed d to James II. Dlven.
wort, shall he sufficient TO pay the Plaintiffs their
debts heretofore decreed then and their costs, taking
payment Of the purchase money.
JAMES l.. LAMKIN, shift s Ccm.
By VIM. Peiiyjohn, Depy. Sheriff
November elm
A nr I h.li