Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1869-10-26
Benjamin Herrold.

In CHANCERY- -------------------
This cause. this 9th of October 1869 came on
to be further heard on the papers formerly read
and the report of Commissioner Sherman III.
Clark, made pursuant to a former decree of the
court in this cause. and was argued by counsel
and no exceptions being taken the said report,
and the court approving thereof
1t as, therefore, adlutged, o7'dered. and decreed.
That the SAID report be confirmed. And it APP
pearing from the said report that the defendant,
Herrold, is largely indebted to the plaintiff, as
also to other Judgment creditors not parties to
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 sale of the defendant
real estate Is necessary to the payment OF said
liens and the defendant. by his counsel, and the
plaintiffs, By their counsel, both consentln9, and
desiring that the judgment creditors of the de-
PENDANT, as reported by the said commissioner,
and who are not now parties to this suit, may be
permitted to come in without further suit or pro-
cess and have their respective claims litigated
and adjusted in this suit and the said creditors,
by their counsel who consenting and desiring,
without further process or proceedings to be
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 ad3udged ordered. and decreed, That Sher-
man Clark, the general receiver OF this court,
and who is hereby appointed commissioner of
this court, for that purpose after publishing no.
tice of the same for four weeks successfully in
the PheniT a newspaper published in the town
of Lewi>burg and also in the Staunton Spectator
and the Rockingham Register, newspapers pub
lished in the State of Virginia, and also after
hosting notice of same for time on the front
door OF the court house. and at such other public
places in the county Of POcahOntas, as he may
d em expedient shall then proceed to sell, at
public auction. on the premises, 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-
ctedlngs mentioned, or so much thereof as may
be necessary to pay off the judgment and other
liens I'D the said report mentioned, on credit of
one. two and three years, with interest from date
with the exception of so much cash as may be
necessary tn 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 commissioner
is directed to sell the other lands first and only
to sell the place on Douthards creek on which
the defendant and his family now reside, in case
the other land are in> efficient to pay off the debts
reported ; and that he make report, &C.
In pursuance of the above decree I will pro-
coed to sell, on the premises. the 3.245 acres
0flamdS. lying on both sides of the Big S ring
Fork of Elk river. on THURSDAY THE 25th
DAY OF NOVEM Der, 1869 and if the 3245
acres does not bring sufficient amount to satisfy
the Judgment liens reported in said report / will
also proceed, on Saturday, the 9th day of Nov
ember 1869, to sell the lands on Middle Noun
tain. and said Herrolds home place, on Dou-
lizards creek, in front of the courthouse door in
Huntersville, to satisfy the residue of the judy
ment liens.
S. H CLARK.
Oct 26-4w Commissioner.
Eg- Staunton Spectator and Rockingham Re-
glSter copy once Il week for four successive weeks
and send bill to commissioner at Academy, Po-
cahontas county, W Va.-Phnnir.
z<DMMHsS1ONER' sAzEOF BUILD
" ING LOTS By virtue ct a decree OF the
Circuit Court Of Augusta County. and by con-
sent OF parties in the of Fl l. Gray &c VS..
Thomas Heyden, | will proceed on
SATURDAY,, OCTOBER 23rd 1862
in front OF the Courthouse in Stanton, tn sci!
| the parcel OF land III the proceedings mentioned,
fronting on Winchester street extended on the
Northwest, and the Institution road on the South
! West, and nearly opposite the premises of Mr.
| Pike Powers.
1t viii be sold in lots of about one-qlarfer acre
each, according To a plat ana survey which MAY
be seen at the office of Mcs>rS. Shetfey & Bum
gardner counsel for defendant Heyden TWEEN
ty lots Will BE- sold fronting Two new AZ feet
streets. and on Ninchet ter street and the Insti-
tuition road, and with water privilege guaran-
rted to each lot On one of these lots there is n
comfortable dwelling house. The plat will be
shown on the day of sale.
/ Terms-Cash In hand to pay costs of suit and
SALE and the balance in equal instalments at six
twelve, eighteen, tWenty-iour and thirty months
with interest from the day of sale; bonds with
the title to be retained IA ultimate spcurity
sep2o-tds JOHN Il BALDWIN, Com'r.
POSTPONEMENT.
The above sale Is p ,>Eponed to SATURDAY
NOVEMBER 9th, 1859 J. BIB.
oct26-1t