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Brooks, Lewis: Freedom Suit, Goochland County (Part 3 of 12)

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Brooks v Brooks, Lewy v Brooks, Lewy v Garland &c. } These causes came on this day to be heard upon the papers formerly read the answer of James M Garland in his own right & as exor of Mary Garland deceased a deft in the last of these causes and the replication thereto the report of John Thompson Commer appointed to hire out the plff Lewy with the papers therewith returned and a serial statement marked (Z) made by the Court and were argued by counsel on consideration whereof the Court is of opinion that by the will of Mary Garland deceased the testatrix of the deft James M Garland, the amount for which the plff Lewy was subject for the debts of Thomas Brooks deceased, was to be paid out of her estate as soon as the same was ascertained by the proper proceeding for that purpose, and that the debt James M Garland is not entitled as her exor to have the said Lewy hired out after that time for the purpose of satisfying that amount. And it appearing by the statement (Z) that there will be due to the admr of Fielding Brooks deceased on the 1st of May next from the estate of Thomas Brooks the sum of $976.14, of which the sum of $353.53/100 is principal, in part discharge of which debt this Court has heretofore rendered a decree in favour of said admor against James M Payne the admr of Thomas Brooks for the sum of $635.14 with interest from the 1st of January 1844 until paid, which said decree is not intended by what follows to be set aside or impaired, and it also appearing from the report aforesaid of the comm'r John Thompson that there is now in his hands the sum of $258.33 of which $211.95 is principal properly applicable at present to the part payment of the debt due to Fielding Brooks admr's, and that the balance in his hands of $20, should be paid to the plff Lewy as against the said admr of Thomas Brooks, and the exor of Mary Garland deceased, but not as against Fielding Brooks admr if it shall be