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Brooks admr v Brooks
Brooks admr v Brooks a pauper Brooks admr } The causes came on again to be heard on the papers formerly read and the report of John Thomson jr appointed a commissioner to hire out the boy dated the 23d Sepr 1848 and was argued by counsel on consideration whereof it appearing that there is in the hands of said John Thompson jr the sum of $65 and he holds two bonds each for the sum of $65 one of which is now due and the other will be due on the 1st day of January 1849 and which are applicable to the discharge of the decree heretofore rendered in this cause against James M Payne the admr of Thomas Brooks the court doth adjudge order and decree that the said John Thompson jr do after deducting from the sum of $65 in his hand the sum of $5 for his compensation for hiring out the said slave pay to the admr of Fielding Brooks a in the first suit the balance thereof and that he proceed to collect the two bonds in his possession and after deducting the same sum of $5 from each for his compensation do pay over the balance thereof to the said admr as aforesaidin satisfaction first of the sum of $125 with the interest therein which was ascertained by the decree of this Court made in these causes on the 26th April 1847 to be due to the said defendant beside & above the amount decreed against the plff James M Payne and the balance apply to the decree against said Payne. And it appearing that there will be a large balance still due upon the decree aforesaid to the said admr as aforesaid and the Court being of opinion that under the circumstances the negro should be for the satisfaction of said decree the Court doth adjudge order and decree that unless the said Plaintiff or someone for him shall within nine months from this date pay to the said admr as aforesaid the balance remaining due upon said decree after crediting thereof the sums herein before mentioned then that John Thompson jr who is hereby appointed a commissioner for the purpose shall proceed to sell the said at public auction for cash and out of the proceeds of said sale shall after paying thereof pay off and discharge the balance of said decree or so much thereof as the proceeds of said sale will pay and make report of his proceedings under this [courtin order to a final decree