The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1868-10-14
NEW ADVERTISEMENTS


VIRGINIA. a circuit court co mt 9ed
day of November, 1867.
James r. Hutton, Plaintiff,
Against
NJ. [. llite, William Armstrong and James L.
Ite as Executors of Robert McChesney, deceas-
ed. Defendants.
This cause came on to be heard this ed day OF
November, 1867, on the Bill and exhibits Of the
Plaintiff, tbs answers of the Defendants, James
L. Hite and William Armstrong, with replication
thereto, and it appearing TO the Court that pro
cess has been duly served on the defendant, NJ.
L. Hite, and that the cause has been regularly
matured for hearing. and said defendant NJ. L.
IIte having failed to answer the plaintiff s Dill,
the same is taken for confessed as to him. On
consideration whereof, and upon arguments OF
counsel, the Court is of opinion and so decides,
that the plaintiff, as assignee Of William Arm
strong is entitled to have his vendors lien en-
forced in conformity with the contract filed with
the plaintiffs bill, marked No 4, and dost there
fore order, adjudge and decree, that the defen,
dant, NJ. L. Hite, pay to the plaintiff, the sum OF
SIS, 600, the purchase money on the tract of land
mentioned in exhibit No. 4, to-wit: the sum OF
81, 900, with interest thereon from the Oath day
of February, 1866; the sum of $500, with inter-
est thereon from the LIST day of March, 1867;
the sum of $500 on the LIST day of March of each
of the years 1868, 1869, 1870, 1871 and 1879, and
tuo SUN VI pl Inc Isl Jay VI MdICA,
1873 And it is further adjudged, ordered and
decrced, that unless the said defendant, NJ. L.
Hie, shall within sixty (60) days after service on
him of copy of this decree, pay to the said
plaintiff the over due bonds, to-wt: the sum of
$1,000, with interest thereon from the Gath day
of February, 1865, and the sum of $780, with
interest from the LIST day of March, 1867, and the
costs incurred by the plaintiff, as assignee of
William Armstrong, in his suit at law, in the bill
mentioned, and the costs in this Court, then that
Orlando Smith, who is hereby arnnointed Com
missioner for that purpose, shall, after having
given four weeks notice of the time, terms and
place Of sale, in the gazette of this Court, and
published copy of said notice at the front door
Of the Court House of Augusta county, and at
one or more public places in the vicinity Of said
land, hereinafter mentioned, proceed to sell to
the highest bidder, at public auction, the one
hundred and sixty acres of land mentioned in
the bill and described in said exhibit No. 4, on
the following terms, to-wit: enough in hand to
pay the costs Of this suit and of said suit at law
and of the sale, and onehalf Of the two said over
due bonds, and upon such terms as to the residue
as will discharge the other half of the said two
overdue bonds and accruing interest, on the LIST
day of March, 1868, together with the five hun
bred dollar bond to fall due on the said 1st day
of March, 1868, and will discharge the residue
of said $4,000 according to the terms prescribed
in the said contract between the said Armstrong
and the said NJ L. Hite, marked Exhibit 4, viz:
the sum of $500 ON the LIST day of March of each
of the years, 1862 1870, 1871, 1872, and $1,000
on the first day of March, 1878, taking from the
purchaser bonds with approved security. and
reserving the vendors lien for the same upon
said land and make report thereof to the next
term Of this Court. But before said Commission:
er shall proceed to execute this decree, he shall file
with the papers in this cause bond in the pen
atty of $4,000 90, conditioned for the faithful
discharge of his duties in the premises, and the
surcties to be approved by the Clerk of this
Court.
Copy-Tese: