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Shelton, Admx. of Abner C., etc. v. Royall, Francis L., etc.: Chancery Cause, Halifax County (Part 1 of 6)

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(4) that at that time no money had been paid by him in discharge of the note aforesaid as will appear by reference to the endorsemts on the note to the Newbern Bank filed in this cause, and by the deposition of W. Hughes who received it. That the money rec'd in her account to pay off said note, was transmitted to said F. L. Royall by letter from Wm. Royall dated 12 May 1837 - that he had applied to said Wm. Royall for the money for that purpose by letter dated 19th March 1837 which said letters are filed & refered to in support of this statement - that he F. L. Royall intended to draw her money out of the partnership under pretense of said debt & without her knowledge or consent, and that he again on 19th Sept 1837 drew of Wm. Royall 540$ for her & on her account - there was also sent to F. L. Royall by Wm. Royale 25 May 1836 - 160$ 16 July same year 15$ sent by him to F. L. Royall also for your oratrix -- Your Oratrix [denotes?], herewith files a statement from the admr of Wm. Royall marked (Dx) also Letters D. & C. heretofore filed giving to substantiate these allegations also F. L. Royalls [letters?]] of [Mar?] 28 1836 & July the 9th 1836 (A) (B) ] Your complainants expressly charge that none of these sums (which they are ready to prove were obtained by F. L. Royall out of his funds or the funds of the Estate in the hands of Wm. Royall were or could be brought into the settlement of the 1st March 1836, having been rec'd by him since at that time. And they expressly charge that no settlement since that time to wit 1st March 1836 has been had between (5) the parties. Your orator & oratrix pray that the said F. L. Royall (James [J?] Early and Tho L. Spragins Shff & Admr. of Jno B. Royall dec'd may be made defendts. to this amended bill and ) may answer the allegations of them and that F.L. Royall may state particularly what settlement he refers to in his answer when and where it was made, who was present, and the manner & [right?] of said settlement that he produce a copy or original statement of said settlement if any he has that he state on oath whether the letters & papers referred in the amended bill are not [genuine?], and true and what he has done with the loans rec'd. by him from Wm. Royall for your Oratrix which were charged to her by his direction - whether they were not rec'd as stated in his letter to Wm. Royall for the purpose of paying off the Newbern Bank debt & why it has not been so applied by him & that you never will continue & perpetuate the imposition heretofore-granted, [illegible] [illegible] & ample relief as prayed for the [illegible] bill, & grant such other & further relief as the new matter herein contained may require may it please your honor to grant the commonwealths writ of Subpa T.J. S. p.q.