Strodes v. Patton
U.S. Circuit Court for the District of Virginia
A decree was rendered in this court, in favour of the representatives of John Back-house, against Robert Patton, administrator with the will annexed, of James Hunter, deceased, appointing the said Patton and others, special commissioners, with directions to any two or more of them, to sell, on a credit of twelve months, at public auction, all the real estate whereof the said Hunter died seized, which remained unsold by his executors, for certain purposes set forth in the…
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A decree was rendered in this court, in favour of the representatives of John Back-house, against Robert Patton, administrator with the will annexed, of James Hunter, deceased, appointing the said Patton and others, special commissioners, with directions to any two or more of them, to sell, on a credit of twelve months, at public auction, all the real estate whereof the said Hunter died seized, which remained unsold by his executors, for certain purposes set forth in the decree. Among other lands sold under this decree, was “the marsh tract,” so called, in the county of Fauquier, of which the…
1Opinion of the Court
MARSHALL, Circuit Justice.
1. The first exception is general, and will therefore be passed over.
2. That the commissioner set aside the award of Hening & Green. This exception is not entirely and literally true in its statement of the fact. The commissioner did not set aside the award of Hening & Green. He gave the plaintiff credit for the amount ol that award, and the defendants have ex*239cepted to this item of the report. The commissioner, however, has debited the plaintiff, in the account of his intestate with James Hunter’s estate, with several sums supposed to have been omitted by the persons…
2Cited by1 opinion
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