Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1853-02-03
Virginia. 10 Wit:

IN the CIRCUIT Court OF Jefferson County
.Joha Wihsr3 and Bsaja4tfa T. ISrner, Plaintiffs
hH AGAINST
John oorhecs end SalsPsoH BiHw5er, drrrs nth
re .,iH aahe1cd Of C0attid Bi!tayer. Gted 1flria
BHntyer, .Hs lrider, May Ellen BIi,atger, SRseA
Jane Bilalyer, James MEsoH u igmytsti Eii-a5eth
Pooriees BAimger. CGttariae Ftrgtaidi Datmyer,
and dan lflere BtAaayeE children, heirs and de-
risees9f said Conrad Biilmger DECD, infants, ty
Roberf Y. ptolra their guardian od hi4a Garrett
P0opdees, Gaatip Naii, JEtn Biiimysr IyItIoaeA5y
" Lemon. IsIirtia BaiHyer, Joka ByeFs Charles
.Stcat3a- GfD Lickiider eteoRior Of Cgtrad Lick.
iider teedEL H. Kt.tt executor # DTrs1 - HieI.
ntaH, and .l7an ~ Itce4 Defendants,
Il IN CHANCERY
E(Exiraet from Decree of November 18Th, is52)
A Nd his cause, now olths 18Th day of :;oyem.
"a bef 1889 came on 70 be heard mi vacation
before the SAID Judge, upon the papeis formerly
read, and The arguments OF eounscE OH c5nsdera-
lion wherol the said Judge doth ad1ds Iotier and
decree thatthe LIST Pad and 3rd exceptions taken BY
The defendant Ohm WiIhefs 10 the repoff of Com
missioner Cooke dated October l1lh, lsfS, andre
newed to his repori OF MAY iI,h 1850 be, and
they are hereby pyerruled The 9th 9TH, 7lh, Sth
9th 10th sHd nh excepiia Of said Wfihers said
report OF OcoberI lTh 1915 likewise renewed as to
the report Of May lith 1850 relate eniEely TO the
account A. All between solomon Bihmydr and Con-
rad BilmyeTi and from the view which the said
Judge has taken Of that part Of this case, pn which,
| alone the account A. has any Bearing il is un-
The 4th exception of said Wifhers issusiained
TO lhis extent thai the Administrators, commissions
on the sale of lands, should be reduced fiom per
/ cent to u perleeras This the Judge thinks rea-
sonahle commission, as the said administrators are
relieved from risk BY the confirm 4i1n o. NAL sale
4 BY the court; and more particularly bedause the
proceeds Of said sale are ch2Tgcshle with comlnis-
siousio the Receiver Of This court for services
4 which ia general would have been rendered by the
administrators themselves: That bis 18Th excep-
ton, being the same as the - exception made BY
the defendant Go3lip Nol TO said report OF October
| i7th 1913, and now renewed p the report of May
l4sh. 1850, be, for The reasons given Nv The said
Judge in his opinion which Is flied with the paper
otihis cause sustained to The extent mentsoned in
said opinion: Thai the exception made by the de-
PENDANT Joseph McAinrran 70 the said report Of
May l4th, LS50, be, and the same is hereby over
raled ./
II is further aijudsed, ordered and decreed that
this cause be again referred ID comm'r Cooke. 10
correct his report Of May I4ih. 1850 br allowing
10 the adminsirasors Of Conrad Blllnyer, decd
/ 81 Ger cent only uroa the sales made hy them Of
their tesiaioss land And he is further directed TO
ascertain the amount d the debi-owing, from Con-
rad Bilmyer ID the President Directors ana Com
4 pany OF the HagerNown hams. hlr ihe use be Solo
mon Biilmyebif any, after applying TO tie credit
thereof The poteeds received IN said solomon fron
the sales Of land made BY said Conrad 10 solomon
Miller and William KeTney about the 9Th October
lSl2, excluding theTeiron the. amount Of said Con-
raids Indebtedness TO said purchasers; and having
so amended his report 10 apporv|h amongst the
creditors Oh said Conrad The funds 10 be distributed
by said court aeeording 10 their several priorities
and 10 renss % the said court a. lis next term, in
orter % fuHher proceedings.
A copy Teztr, 4. 7. BROWN Clerk.
CoMMissioSER's OFFIcE.
The parties blbe above snit are hereby notified
10 app-ar before me. al nv Office in Charlesiovn,
Jefferson e,nnfys Va al 10 O'Clock, A. NJ, on The
So daE ri Es5rtlIgy ss-t at which time and place
shall pressed p execute The ahove decree.
E. L COOKE. Comm.
January 6, 1853