Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1854-12-04

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Circait Court for Highland, October Term,
1854. 49, u.s.
William D. Clarke and wife &c,
vs.. In chancery
AIeA. Nliller's Heirs.
Pursuant TO The report Of comr's r. p. Hill
Atil John G. Woodson Of October Term 1853
il aprears that lands Belonging TO The estate
OF said Alex Miller sohi for lie nett sum Of Sc,
345, ,ha, Chas. Stuart executed his three sew.
rra bonds therefor, ~i'h Geo. Supple his sure.
,y-each Tor the sun OF S2li5, with interest
from their date, to viii The 9th day of August
1853, the first Of wl,ish fell due on the 9th Aug
1854, the mex: will be on The 9Th August 1855,
and The last on The 9th August 1856. {, il
represented by said co,nr's. that the said purcha-
ser Chas. Stuart, has purchased iron, FIVE OF the
heirs Of said Miller their respective interests in
the proceeds arising from the sale Of said lands,
lit is furthermore represented by said comr's.
that Chas. Stuart has paid an acct. oi the Bond
due 9th Aigust 1884, the sum Vi $3.50. Five.
hundred and sixly.fve dollars) as Of date Gid
Oct 1854; II also appears by he report of said
comrs. Hill s Woddson Ct Ray Term 1851.
that the slaves, Philis, Harry. Charlotte, Jim and
Lew ~ Wers sold for tho sum of &3,7s5 90 cts,
that WIN Temple, All heir OF the said Alex.
Miller, in right OF his wife bcsathe the prcha-
ser oi Two Of said Slaves. ID wit: larry and
Charlotte, al the sim Of $l250,-and that he
executed his two several bonds each for the
sum OF 1925, with inietest frotil date Of said
Bonds, to wit 4: 18Th Of Dec. 1853, the first Of
which fell due on the Orb Of Aug 1854, the
other will become due OF, the 9th Of Aug. 1855.
Said Temples securities in said Bonds are,
Chas. S. Miller, Wm.f D. Clarke and Robl. S.
Miller all heirs and disiribii,ees 81 seid Alex.
Miller deco, that Chas. S. Miller; another
heir Of said Alex. Miller, purchased the slaves
Phlis and Lewis, at the sum Of $685., and
that he exrcuted his two several bonds therefor
each for $767.5O dated a. sams time, due aud
payable as aforesaid to wit. 9th Aug. 1854 and
9th Aug. 1855; his suretes are Nm. Temple.
Robt S. miller and VIM. D. Clarke, all heirs and
distributes Of said Alex. Miller dec;d,-tha,
Thos. X. Dona2he another heir and disGibutee
Of said Alex. Miller purchased til slave Jim at
the price Of $10O0,-that he executed his tyo
several Bonds therefor dated and due and pay
able as aforesaid, each for the sum Of $780,
said Ddnaghe's surety in said bonds is Hatch
'Clafk. II also appears by the petition Of all
the heirs OF said Alex. Miller, filed in this cause
and marked P, and The decreial order in this
cause Of May Term 1851, that the save Susan
and her child shall belong to VIM. D. Clarke, he
secou, ting the other heirs for the price, to wit:
The sum of S575.
The Court is therefore Of opinion that for as
much as the whole nett proceeds of the sales oil
tho land and negroes are III be distributed
amongst the heirs Of tfe said Alex. Miller decd,
some Of whom have purchased TO an amour,
exceeding their dis,ributiye shares In said fund;
some Of whom have sold their interest in The
proceeds arising ftom the sale OF the lands. and
some perhaps have received nothing, that the
matters OF account arising from this state Of az.
fairs ought TO be referred to a commissioner OF
This court, fyf the purpose OF ascertaining the
irtie state Of accounts between The said heirs Of
Alex. Miller decd, respectfully, and for the pnr-
pose Of preventing the accumulation of costs
growing out Of suits at law, on the Bonds above
referred 10.
II is therefore, adjndged, ordered aad decreeti
that the said com,'s. Hill and Wocdson, snrren.
der 10 Adam Stephehson, a cemr. Of this court.
The Bonds aforesaid for the pdfpose Of enabling
him TO make the accounts herein after directed,
whose duty il shall be 10 slate and settle sai,l
account between the said heirs. Tie said comr.
is directed to make a statement showing how
accounts sisnI between said heifs, on acc:. OF
the Bonds due and payable on tina 9Th of Aug.
1854. Hnw accounts will stand ON 9Th Of Aug.
1855. and how Accs. will stand on 9th Of Aug
ls56,-,ha, he shall appoin, the time and place
for taking said accounts after having given al
least four weeks notice thereof in the Republ.
cat Wide tes,a new spaper printed in the town
Of Staun ON: and it is further ordered that the
said c0,nr. shall have personal no,ice served on
Chas Stuart, the purchaser Of the land aforesaid,
requiring him 10 ,xhibi, before said conn.
Stephenson his rec'pis for money paid to any
OF the said heirs and distributes aforesaid. Il
ie also ordered tina, The said couhr's. Fill and
Woodsdn. shall pay over TO the receiver Of this
CONT any money that they or either Of them may
have reed on account Of any of the Bonds aiore-
said, after ,leducilng therefrom their commits.
sod on The amoiint of the sale Of the negroes,
phifis. Harry, Charlotte, Jim and Le~is, also,
dsdnc'ing charge for advertising the sale OF saii
negroes in the newspaper. the Republican viudi-
Gator and Washington SIephensonis claim de.
creed 10 him, at the May Term 1854, which said
money shall be leaned onl by said receiver al
legal inietss. for the space Of six months, ia.
king from the borrower bond and goo.l secnri,,
and said comr. Stephenson shall make report Ia
the next Term Of this coul, how be has per.
formed the requirements herein made Of hlu.
a copy-tesie,
A. STEPHENSON, Clerk.