Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1848-11-06
Commissioners SAFE.

4 a Circuit Superior Court of Jaw and Chancerv
IA continued by adjournment and held for the county
M Amherst. at the Courthouse, on Frlday,t 5th da.
of September, 1915.
Hudson NJ Garland, Jr and John r. Panplin late
merchants and partners trading under tie style aud firm
OF Garland and Pamplin, John Whitehead, Jns4ph r
Carter. Arthur B. Davies. Pitt Woodrouf, Cornelius
Sale, Addison Tal'aferro, s"ph Perv,hn, William
Kent, Zlchariah d. Tinsley james NJ inie r johns
Pierce William billiard and Moses Philips, Overseers
of the Poor for the county Of Amherst Moore and Dan
and Edmund g. Moore. Plaintiffs.
.4gaiast
William w. Hudson and Deah his wifi" Bennett
Hudson, and Benjamin. Camden and John Height A
minlstrators Of James II. Davenport, decd
Defendants
The subj which issued herein dated the 10Th and
9th da Of June, 1874 and which appear have been
executed upon he Defendants, William w Hudson and
D-liah his wife, and Bennett IIuds n, and although
more than two months have elapsed well since the
of the sbIanas aforesaid as since the filing of the
Plaintiffs BILL and the said Defendants still failing ap
pear and answer, n nn of the Plaintiffs by counsel
their bill is taken for confessed against said De'n
dans. And, thereupon, this TO be heard
upon the hill. the answer Of Benjamin Camden and John
Height Administrators of james II. Davenport decd.
with replication thereto ilbed and argued by
counsel On consideration whereof the Court do h de
that the deeds and ID, exhibited with the Plain
tiffs' BILL that is the deed from Bennett Hudson w
liam w ana the deed from the w ilIlain
w. Hudson i" Davenport for the benefit pf Dpah Iiud
are TO creditors voluntary and fraudulent. but only
TO crdors then in existence and not 10 ate
tracted debts unless il could be shown (Which is noi
done in this CASEY that the said deed were made the
time when the in lns vent Circumstances,
with view TO 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
and Edmund e. Moore, have neither shown them
selves entitled To overrpach either of the said deeds. al
though voluntary, aniesy appears that the debts
not contracted the dates If the said deeds but that
the debts of Whitehead and Garland s. Pampln. over
reaches The deed ID, because in existence prir thereto
The Court doth Therefore adudge, order and decree that
the bill of the said Plaintiffs be dismissed their said
claims, without costs, as 1t does not appear that de
PENDANT has expended any thing in conroverng their
claims. The Court doth further adjudge order and de
cree, that the said deed d, the said Whitehead and
Garland and Pampln, be aside and annued and that
unless the Defendants, William w. Hudson, shall with
in ninety days from the date thereof, pay Ia the Plains
tiff. John Whitehead, the Of one hundred and
teen dollars and five cents with interest to be computed
at the rate # six per centum per annum, eighty five
dollars and SIX cents, part thereof. from the I'm day
ofJuly, 1915, till payment, tject to credit for forty
four dollars and sixty Gents. paid the LIST day of Jan
uary 1915. And to the said Garland and Pampn the
Of fifty nine dollars and thirty SIX with inter
est to he computed al the rate Of six per per an
NUN, forty dollars and eighty five cents, part there
Of from the 3st day Of August. 1915, till paid, and
the Plaintiffs, Whitehead and Garland aid Pampin
their by them about their suit in this behalf expcn-
ded: then and in that case either Of Them The Court
doth adjudge. order and decree, that William NJ. Waller
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 Lyuchbu-g
Virginan' and at New Glasgow. proceed upon the pre-:
misses sell 10 the highest bidder, upon credit Of SIX
twelve aud eighteen months, for equal portions Of The pur
chase money. all, much of the Defendant, W Iliam
~ HudSuD's in he tract and
conveyed by the deed d To James II. Davenport, shall
be sufficient pay the Plaintiffs their debts lercro
fore decreed unto them and their COSTS taking fro tile
purchasers bonds with appoved security for The payment
of the purchase money and report his pocel ngs the
Court at the next Term thereof.
Plaintiffs costs, copy Teste.
$50 81 RO. TlNSLEY, Cl'k.