“This was a suit in chancery, in behalf of Charles Carter (of Shirley,) and others, against Robert Carter of Nomony. The bill stated that Robert Carter (of Corotoman,) Robert Carter (of Nomony,) Charles Carter of Cleve, and Mann Page (of Rosewell,) entered into a partnership as tenants in common, for working a copper mine adjoining a run called Frying Pan, in the then county of Stafford, and sundry agreements respecting the same, and for the purchase of some adjoining lands; after which, the said Mann Page died, having first devised his ahre among his six sons. Ralph, Mann, Carter, John, Matthew and Robert:- that this devise was confirmed by the surviving partners by a written agreement, under which the said lands and the slaves belonging thereto, thereto were held by Charles Carter and Robert Carter, and finally by the latter only, from whom they came to Robert Carter the defendant . . . No decree having been made concerning the profits of the lands; and several of the parties having died; - a bill of revivor was filed, in January 1807, by the representatives of Charles Carter of Shirley, and the rest of the plaintiffs, against George Carter executor of Robert Carter of Nomony, and the heirs of the said Robert Carter.”
19 Va. 108