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At a Circuit Superior Court of Law and Chancery for Goochland County at the Courthouse on Tuesday the 25th April 1843 James M Payne exor of Thomas Brooks decd Plaintiff against Meshach Hicks admor of Fielding Brooks decd Defendants This cause came on this day to be heard upon the paper formerly read, and the report of Master Commissioner Bryce made in pursuance of the order of the 23d September 1841, with the exceptions thereto, and was argued by counsel, Whereupon the Court being of opinion, that the contract made between Thomas Brooks and Fielding Brooks, an office copy of which is filed in the papers, ought to be set aside as prayed for in the bill and that the exor of Thomas Brooks, is entitled to the slaves, and other property mentioned in the said Contract, upon his paying to the defendant as admor. of Fielding Brooks the sum of four hundred dollars with interest thereon from the 23d day of May 1825 till paid, and it appearing from the evidence in the cause, that Thomas Brooks retained during his life the possession of the property mentioned in said Contract, and that his exor has retained the possession thereof since the death of the said Thomas Brooks, and the said Thomas Brooks having by his will directed, that the slave, Albert should be sold for the purpose of paying the said sum of four hundred dollars with interest thereon from the 23d day of May 1825 till paid. The Court doth adjudge, order and decree that the contract made between Thomas Brooks and Fielding Brooks on the 23d day of May 1825 refered to in the plaintiffs bill, be set aside and annulled, and that the plaintiff be quieted in the possession of the slaves and other property therein mentioned, and that the plaintiff out of the estate of his testator to be administered, do pay to the Defendant as admr of Fielding Brooks dec'd, the sum of four hundred dollars with interest thereon from the 23d day of May 1825 till paid, and the Court doth further adjudge order and decree that unless the plaintiff shall acknowledge assets sufficient to satisfy this decree, that it be refered to a Commissioner of this Court to take an account of the administration of this exor James M Payne upon the estate of his testator Thomas Brooks, and make report thereof to the Court with any matters specially stated deemed pertinent by himself, or required to be so stated by the parties, and the said Commissioner is hereby authorized, if the Defendant shall require it, to summon before him the said James M. Payne to be examined in solemn form tuching the said Account A Copy, Teste, Wm. Miller CC