McCormack, Anderson v. McCormack, Admr. of William, etc.: Chancery Cause, Halifax County (Part 10 of 16)
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McCormick to the original Bill. The delay not accounted for, if the pendente Lite purchase by H. & J. Showalter, be the ground for a Cross suit, I confess, that it must be upon some rule in Chancery practice that I have not been able to find in any authority that I have had the opportunity of consulting, and am forced to the conclusion that the Court erred in allowing it, and that it should be dismissed, and the injunction perpetuated. But the Court is urged to adhere to its former decree. I believe that, that decree was erroneous, and I know no one to whom I would appeal, with more confidence to correct an error into which he may have fallen, than your Honor. My Clients feel the deepest interest in this Cause, Their Father purchased the Woman Matilda & Child, as they and I believe from their proper owner, and paid full and valuable consideration for them. They have increased to a large family. They have been raised together, they are strongly attached to them, they believe them to be fair and honest & heir property. They have but little besides, and if deprived of them will be reduced to poverty. Upon a full review of the whole case I cannot doubt but that your Honor will reverse your former decree, dismiss the Cross Bill and perpetuate the injunction. Thos. S. Flournoy