Bullitt Circuit Court - Comyges vs Beckwith, etc.

Following the deaths of James W. Beckwith and Frederic W. S. Grayson, Beckwith's heirs had been ordered to pay Comyges what was owed him, and the heirs of Grayson what Beckwith owed him, or face the sale of Beckwith's three tracts. With their failure to do so, the following decree and action were taken in which half of the two mill tracts were sold to pay Grayson's heirs, and then the other half were sold to pay Comyges. As that was not sufficient to cover what was due to Comyges, the 250 acre was also sold to compensate him further.

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Comelius Comyges and John Pershouse, complainants, vs John W. Beckwith's administrators and heirs; and Fred W. Grayson's Executor, defendants, in chancery; and Fred W. Grayson's Executor, complainant, vs John W. Beckwith's administrator and heirs, defendant, on X bill

This day came the parties by their counsel and the defendants the administrator and heirs of John W. Beckwith having failed to pay to the complainants Comyges and Pershouse the sums in the interlocutory decree mentioned on or before the 5th day of the present term of this court, and the administrators of the said Beckwith having failed to pay the executor of F. W. S. Grayson the sums in the interlocutory decree mentioned on or before the 5th day of the present term of this court. It is therefore now decreed and ordered that the mortgaged property be sold to satisfy said amounts, and George F. Pope and Matthew Wilson or either of them are appointed commissioners to sell the mortgaged estate, first selling the moiety of the 150 acres and the moiety of the 50 acres which constitute the mill tracts to raise the sum decreed to the executor of F W. S. Grayson and then proceed to sell the other moiety of the 150 acres and of the 50 acres, being the other moiety of the mill tracts to raise the sums decreed to the complainants Comyges and Pershouse and if that prove insufficient, then sell the 250 acre tract to raise the residue thereof. The commissioner first advertising the time and place of sale at least two weeks or three of the most public places in Bullitt county, sale to be made on two years credit for specie; bond and approved security to be taken from the purchasers unless the complainant shall purchase, in which case no bond shall be taken. One year is given the infants to show cause against this decree after they shall come to the age of 21 years, and the defendants, the administrators and heirs of Beckwith are directed to pay the costs of this suit out of the proceeds of the mortgaged estate.

A copy, att. N. C. Summers, Clerk, Bullitt County Court

In obedience to the foregoing decree, I the undersigned, one of the commissioners named therein, do make the following report. That after advertising as by the decree directed, I did on the 15th day of March 1828 attend on the premises and sell one moiety of the 150 acres and one moiety of the 50 acres named in the decree to satisfy the sums of money decreed to the executor of Frederic W. S. Grayson, dec'd, and James D. Breckinridge, the executor of said Grayson, purchased said moieties for the following sums, to wit, eight hundred dollars for the moiety of the fifty acre tract including the mills and eight hundred and fifteen dollars for the moiety of the 150 acres, making the sum of $1615. I then sold the other moiety of the 50 acres including the mills and the other moiety of the 150 acres to satisfy the sums decreed to Cornelius Comyges and company and James Guthrie, attorney for Cornelius Comyges, one of the firm, became he purchaser as follows. For the moiety of the 50 acres including the mills $500 and for the moiety of the 150 acres $700. These sums not being sufficient to satisfy the claim of C. Comyges and company, I then sold the 250 acre in the decree mentioned and James Guthrie purchasedd the same at and for the sum of $405, making in all $1605, all which is respectfully submitted. Witness my hand and seal this 15th day of March 1828. Commissioner's fee $10. (signed) George F. Pope, commissioner

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