Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1853-06-10

Els.lssI:s:

virginia.:
7 Circuit Court certjnncd and held for Tie Coun-
"A ~ Campbell at the Court. Il Que thereof Tues
day, May 2lth 1893 sitting Count of Charccry:
Seth Woodroof Wiliilm Anderson, lohn Garth aud Da
yd AndcrsonJr, late merchants and paflnefs trading
under the style and firm of Anderson, Garth Il CO.,
Jaqueline Z. Taylor .ohn Van IL ", and J. J. Wenb,
the last two merchants and partners trading under
the style and firm OF John Van Lew d Co.. JOHN +.
Wadsworth Onin Williams and Austin Williams
merchants and partners under the style and firm of
Wadsworth & Williams, Pluutils,
Against
Stephen Terry Carous g. Terry. William Franklin .lno
Dickerson, Waiter Coles Barrister Anderson Rich
Whitehead, Henry Motley, Tho as r. Adams, Jas.
Terry. Hubbard & Garder, John Eustacc, William
Allison, Peter Saunders X Co. W. X J. Cfaine, T.
Mitchell, J. II. NASH John Thurman, Judah Myers
the said Carous &. Terry in his own right, james
Terry, Louisa Terry Eliza Terry, Susan Terry Terry
Snow, Samuel Nowlin, Charles Ellis, c. & A. War
wick, Samuel McCorll. Lewis, Webb X Co. FIem
ing James and Edward James, Augustine Leitwich
and Peyton Leltwich, Defendants,
In Chancery.
This this day TO he turtle heard on
the papers formerly read with the supplemental Bill and
petition, and with The exhibits clea referred and
since filed and was argued by counsel and it being adj
mlued 10y the Pint f. counsel, that the Plaintiffs An
derson Garth & Co.. Hail Ne,on, Jaqueliue p. TAYLOR
John Van Lew 4 Co, aud WadsWortll, Williams & Co.
creditors Of the defendant Stephen Terry. are bound to
project and harmless their plaintiff, Woodroof
the purchaser of the slaves in the original bill mention
tI upon men DOnt OI indemnify. SlOld they not he
ied TO hold under the equities against the Trustee
and other creditors stephen TerIy's decd men
toned.
And the plaintiff by hei counsel also agreeing that
decree may be rendered against the psinti Woodroo
for the al ernate Vanc ofthe slaves recovered from him
10y tle jul gment in the proceedings noned With the
damages aud costs. the whole amounting 10 the sum of
" 93, with interest thereon, at he six per
cennm per annu from the 9Th of January 1888 and ali
the plaintiff, except Woodroof agreeing that decree
be rendered against them in favor Of him the said
NooIrool, Tor the amount for which DEGREES NAV be
reid ed against him-and the case not being now in
situation for finn decree. The Court doth rocummit
the report to the Commits who made it, with direc.
trns to him. to ascertain what portions of the debts,
mounting to S796 TO- mention ed in the report as hay.
ing been deli, cred by the dpcn ant Carolus G. Terry
10 the defendant Stephen Terry, were solvent aud what
disposition the said Stephen Terry made of the solvent
debts delivered 10 him aforesaid and make report
Il ereo to Ibis Cont. And the Count doth adj dqe or.
der and decree tLnt the same Commissioner do take an
account oi the amount due the debts to Lewis Webb
" g., aad + " a.James & Co, the date Of the two
dc $ executed b the defendant Stephen Terry Car
"in-ti. Terry. and --'-- Franklin, of the amount
puld account {, said debts previous to the assign.
Heht thereof 10 Peyton LCftwch, and by whom made,
and OF the nmonn ofthe said debts al The date of as
~nment to the snd Letwich and also the amount paid
10y the said stephen Terry the said Peyton Eeftwch
on accounts d the said debts. AID ST. as to show the
amount due the said debts and the said Comr is
directed to Asceain whe her the Trustee, Carous G.
Terry has paid any Of the creditors secured by the said
pce"S more IMAM Tue proper proportion of such creditors
~ the rust nnd and whrthtr any creditor secured in
the said deed has in any other received more than
ms proper proportion in the said trust fund And fhe
snail mud that any creditor has received m;re than he
ought 10 have received to report the amount received
ny hm above his proper proportion to the Cour And
the Court doth rher adiudge order and decree Tint
'ne palnuh Seth Woodroof, do pay Hezekiah F. Ter
y ana Louisa his wife, the oil $3.50 30 with inter-
eSa the rate at SIX per per annum on Sl79 30
a part thereof from the 9th of May, 1877 until ppid
mat oeing the same reported be due to the sad Lon
''t-ahd winch has priority to the other debts which
are now remaining unpaied, secured in the said daad
Ana The Court doth further adiudge o. der and deere
that Anderson, Garth & Co Hall Nelson JaoneIi, p
ayl'r, John Van Lew p Co., and Wardsworth Wi.
mans y Co, do pay to the said Seth Woodroor rho sn
OF 1908 81 with interest the rate of six ner conn
per annnm on SIG 30, part thereof from the 9Th If
SlaH, 1871 nhtll paid And the Court doth order ,bo,
tue hhe ana place OF taking the accounts be ppb sbed
week Tor tour success weeks in lie vnc bburc
'Hglh1an and that such publications shall be eoniva
" 10 personal service of notice taking said accnnn,
on ihe parties. And the Court doth order thar Or;
'"h1er lark do deposte the sum of s150 in ono r
'he savings Bank in Lynchburg to the credit az 81
sun 'nat sum being mentioned in his report as b;
IN IN handS subject to the order of this ConrtAnd -
Court. A Copy-Te.to ''o N'elk OF tins
JONI I, ALEXANDER, CPk. !
COMMISSIONERS OFFICE CAMPBr1t G u
TIp June 9th 1853