Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1869-11-02
Benjamin Herrold.


CHANCERY.-
This cause this 9th of October, 1902 came on
70 bn forther heard on the papers formerly read,
and the report of Commissioner Sherman IL.
Clark. made pursuant to a former decree OF the
court in this cause, and was argued Dy couhsel,
and no exceptions being taken o the sald report
and the court approving thereof,
1t is, therefore, adjsdged, ordered and decreea,
That the said report be confirmed. And 1t APP
pearing from the said report that the defendant,
Herrold, is largely indebted to the plalntn as
also to other Judgment creditors not parties 10
this suit whose judgments at law are liens upon
the defendants land in the bill and proceedings
mentioned, and that the judgments at law are
unavailable, and that a sale OF the defendant
real estate is necessary to the payment OF saio
liens and the defendant, by his counsel, and the
plaintiffs, by their counsel both consentlng, ana
desiring that the judgment creditors OF the ue-
fendant, as reported by the SAID commissioner,
and who are not now parties to TINS suit, may 10
permitted to come in without further suit or pro-
cess, and have their respective claims lltlgateu
and adjusted in this suit and the said creditors,
by their counsel, who, consentlng ana desiring
without further process or proceedings TO pc
bound by the decree of the court in this cause IN
the same way as if they were parties to the suit.
On consideration whereof
1t is ad5udged, ordered, and decreed, That Sher-
man H. Clark the general receiver of this court,
and who is hereby appointed a commissioner OF
this court for that purpose, after publishing no.
tlce of the same for four weeks successfully In
the Phonic q newspaper published in the town
of Lewisburg, and also in the Staunton Spectator,
and the Rockingham Register, newspapers pub
lished in the State of Virginia, and also after
posting notice Of same for same time on the front
door of the court house. and at such other public
places in the county of Pocahontas, as he may
deem expedent, shall then proceed to sell, at
public auction, the premises, or before the
front door of the court house of this county, and
in such parcels or tracts and at such different
times as he may deem most advisable, all the
lands of the said defendant in the bill and pro-
ceedngs mentioned or much thereof as may
be NECESSARY to pay off the judgment and other
liens in the said report mentioned on q credit of
one, two and three years. with interest from date,
with the exception of so much cash as may be
necessary to pay the costs of suit and sale-tak-
ing bond and good security of the purchaser, and
retaining the title additional security until all
the purchase money is paid. The com missioner
is directed to sell the other lands first, and only
to sell the place on Douthard's creek, which
the defendant and his family now reside, in case
the other lands insufficient pay off the debts
reported and that he make report, sc.
]. In pursuance of the above decree, will pro-
coed to sell, on the premises, the S.245 acres
Of lands. lying on both sides of the Big Spring
Fork of Elk river on TIL RSDAY, THE 25th
DAY OF NOVEMBER, 1869, and if the 32f5
acres does not bring sufficient amount to satisfy
the Judgment liens reported iii said report will
ember, 1869, to sell the lands on Middle Noun
tain, and said Herrold's home place ON Dou-
thards creek, in front of the courthouse door in
Huntersvile, to satisfy the residue of the yiudg-
ment liens. g -' = ''. --' -'t
= - --.@ s,H CLARK,
OCT 2o-4W Commissioner.
rs Staunton Spectator and Rockingham Re-
and send bill to commissioner, at Academy Po-
cahontas county, W. Va-Ph1nir