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parties to the bill made that if there were ever doubt on the question of title they might be there to litigate it to whom by the words of the will under the special clause the lands in question were devised if said children were not the lawful issue of said Moses had he been free & so capable of having lawful issue, your Honorable Court decreed the sale of said lands at Nov T. 1849: & the sale having been effected & reported to May T. 1853 was at that time confirmed. That the purchaser was one Lewis Cooper - who purchased said property for the sum of $16.200. payable in ten percent Va. stock in four installments: the first whereof was paid & is now in Court or under your Honors orders: & the residue is received by the bond of said Cooper with one Charles M Taylor to Francis L Smith Couer - which is under the control of your Honor. That your petitoners had no Knowledge of the pendency of said suit in the name of Moses till since the May Term 1853. That the pendency of such a suit & decree is calculated to cloud