Imágenes de páginas
PDF
EPUB

by the judgment of the said court, recovered against John Den the sum of one hundred dollars, as well for her damages which she had sustained by occasion of the non-performance of certain promises, then lately made by the said John Den to her the said Sarah Milfin, as for her costs and charges by her about her suit in that behalf expended, whereof the said John Den is convicted, as appears to us of record; and afterwards, to wit, on the tenth day of May last, at New Albany in the county of Floyd aforesaid, the said Sarab Mifflin intermarried with one James Briscoe, as by the information of the said James Briscoe and Sarab his wife, in our said court we have been given to understand; and now on behalf of the said James Briscoe and Sarah his wife, we have been informed that although judgment be thereupon given, yet execution of the damages aforesaid still remains to be done. And because we are willing that right and justice shall be done in this behalf, we command you, that by good and lawful men of your county you make known to the said John Den, that he be and appear before our said probate court at the next term thereof, to be holden on the first Monday in September next, at New Albany in said county, to show if he has or knows of any thing to say for himself, why the said James Briscoe and Sarah his wife ought not to bave their execution against him of the damages aforesaid, accord. ing to the force and effect of the said recovery, if he shall think proper so to do; and further to do and receive whatever our said court shall consider in this be. half; and have you then there, the names of those by whom you shall so make known to him, and this writ.

Witness John Stiles, clerk of our said court,

and the seal thereof hereunto affixed, at New (SEAL.]

Albany in said county, the 15th day of August,

A. D. 1832. JOHN STILES, Çi'k. Scire facias, by baron and feme, against an administrator,

on a judgment obtained by the feme, dum sola, against the intestate, in his life time.

State of Indiana, Morgan county, to wit. , The state of Indiana to the sheriff of Morgan county GREETING:

Whereas Sarah Mifflin, lately in the probate court of the county of Morgan, by the judgment of the said court, recovered against Richard Roe the sum of one thousand dollars debt, and also fifteen dollars which were adjudg. ed to her, as well for her damages sustained by occasion of the detention of the said bt as for her costs and charges, by her, in and about the recovery of the said debt, laid out and expended, whereof the said Richard is convicted, as appears to us of record; and the said Sarah, after the rendition of the aforesaid judgment, intermarried with a certain James Briscoe; but execution of the aforesaid judgment remains to be done, and the aforesaid Richard Roe, since the rendition of the said judgment, died intestate, as we are informed in our said probate court, by the said James Briscoe and Sarah his wife, and administration of the goods, chattels, and credits, which were of the said Richard Roe at the time of his death, has been committed to John Roe; and because we are willing that right and justice should be done in this behalf, we command you that by good and lawful men of your county, you make known to the said John Roe, administrator of the estate of the said Richard Roe, that he be and appear before our said probate court, at the term thereof to be holden at Martinsville in the county of Morgan aforesaid, on the first Monday in September next, to show if any thing he knows or can say for himself, why the said James Briscoe and Sarah his wife ought not to have execution against him, for the debt and damages aforesaid, to be levied of the goods and chattels which were of the said Richard Roe at the time of his death, now being in the hands of the said John Roe to be administered, according to the force and effect of the said judgment; and further to do and receive whatever our said court sball then and there consider on that behalf. And have you then there the names of the persons by whom you shall so make known to him, and this writ.

Witness John Stiles clerk, and the seal of the

said court hereto affixed at Martinsville in the [SEAL.] county of Morgan aforesaid the 29th day of July, A. D. 1832.

JOHN STILES, Cl’k.

Scire facias, by an administrator, on a judgment obtained

by the intestate in his life time.

State of Indiana, Johnson county, to-wit.

The state of Indiana to the sheriff of Johnson county, GREETING:

Whereas Richard Roe, lately in our probate court, in and for our said county of Johnson, by consideration of said court, recovered against James Briscoe the sum of five hundred dollars, as well for his damages which he had sustained by occasion of the non-performance of certain promises and undertakings, then lately made by the said James Briscoe, to him the said Richard Roe, as for his costs and charges by him the said Richard Roe, in and about his suit in that behalf expended, whereof the said James Briscoe is convicted, as appears to us of récord, and afterwards, to wit, on the nineteenth day of December in the year of our Lord eighteen hundred and thirty-one, at Franklin in the county of Johnson aforesaid, the said Richard Roe died intestate; and after his death, administration of all and singular the goods, chattels, and credits, which were of the said Richard at the time of his death, was in due form of law granted to John Roe, as by the suggestion of the said John Roe, in our said court, we have been informed; and now also in our said court, we have been informed, on behalf of the said John Roe, that although judgment be thereof rendered as aforesaid, yet execution of the damages aforesaid still remains to be done. And we being willing that what is just and right in this behalf should be done, come mand you, that by good and lawful men of your county, you make known to the said James Briscoe, that he be before our said probate court at Franklin, in our said county, on the first Monday in September next, to shew if he has or knows any thing to say for himself, why the said John Roe ought not to have execution thereof against him the said James Briscoe, according to the force and effect of the said recovery, if he shall think it expedient so to do; and further to do and receive whatever our said, court shall then and there consider of him in this behalf; and have you then there the names of the

men by whom you shall so make known to him, and this writ.

Witness John Stiles clerk, and the seal of the

said court hereanto affixed, at Franklin, in the (SEAL.]

county aforesaid, the tenth day of August, A, D. 1832.

JOHN STILES, Ci'k.

Scire facias by an executor, on a judgment obtained by the

testator in his life time

State of Indiana, Shelby county, to-wit.

The state of Indiana to the sheriff of Shelby county, GREETING:

Whereas Richard Roe, lately, in our probate court, in and for our said county of Shelby, by the judgment of the said court, recovered against James Briscoe the sum of five hundred dollars debt, and also fifty-five dollars for his damages, which he had sustained, as well by the detention of the said debt, as for his costs and charges by him about his suit in that behalf expended; whereof the said James Briscoe is convicted, as appears to us of record; and the said Richard Roe, after the aforesaid recovery, and before execution of the debt and damages aforesaid, died, having first made and published his last will and testament in writing, and thereby constituted and appointed John Roe executor thereof; after whose death, the said John Roe duly proved the said last will and testament of the said Richard Roe, and took upon himself the burthen of the execution thereof, to wit, at Shelbyville, in the said county, as by the suggestion of the said John Roe, in our said court, we have been informed; and now also in our said court we have been informed, that although judgment for the debt and damages aforesaid was rendered, yet execution thereof still remains to be done; and we being willing that what is just in this behalf should be done, command you, that by good and lawful men of your county you make known to the said James Briscoe that he be before our said probate court, at Shelbyville, in our said county, on the first Monday in September next, to show if he has or knows any thing to say for himself, why the said John Roe ought not to have his execution against him, of the debt and damages afore

said, according to the force and effect of the said reco. very, if he shall think it expedient so to do; and further to do and receive whatever our said court shall consider of him in this beball; and have you then there the names of the men by whom you shall so make known to him, and this writ.

Witness John Stiles clerk, and the seal of the

said court hereto affixed, at Shelbyville in the [SEAL.]

county aforesaid, the 19th day of July, A. D. 1832.

JOHN STILES, Clerk.

Scire facias by an executor, against two administrators, on a

judgment obtained by the testator, in his life time, against the intestate, in his life time.

State of Indiana, Owen county, to-wit.

The state of Indiana to the sheriff of Owen county, GREETING:

Whereas Richard Roe, lately in our probate court, in and for our said county of Owen, by the judgment of the said court, recovered against Edward Stiles, the sum of seven hundred and twenty-five dollars, for his damages which he had sustained, as well on occasion of the nonperformance of certain promises and undertakings then lately made by the said Edward Stiles to the said Richard Roe, as for his costs and charges by him about his suit in that behalf expended; whereof the said Edward Stiles is convicted, as appears to us of record; and after the said recovery, and before execution of the damages aforesaid, the said Richard Roe died, having first made and duly published his last will and testament in writing, and thereby, constituted and appointed John Roe executor thereof; after whose death the said John Roe duly proved the said last will and testament of the said Richard Roe, and took upon himself the burthen of the execution thereof; and also after the recovery aforesaid, and before execution of the damages aforesaid, the said Edward Stiles died intestate, and administration of all and singular the goods, chattels, and credits which were of the said Edward Stiles at the time of his death, was in due form of law granted, by the probate court aforesaid, to John Den and Richard Fen, to wit, at Spencer, in the

« AnteriorContinuar »