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Lewy a Pauper v. Jo. M. Payne exor Tho. Brooks & Meshack Hicks adr. [Field?] J Brooks

1844 Sep 25. Bill filed & Js Lyons assigned Plts counsel to pro: for him & Jno. Thompson jr to hire out Plt till further order of the court & [illegible] Dec 2 Being filed, cont 1845, Jan 6, Feb. 3, Mar 3. Cont Apr 8. Bill taken for consd [illegible] not being filed [illegible] to law [illegible] for [hearing?] by Plt at Ap Cr 1845 1845 Ap 22 J.M. Payne Ansd by leave of CS filed [illegible] 1846 Jany 22 Cont. Ap. 24. this cause heard with the case of Tho Brook's exor vs Fielding Brooks adr. & the plt Lewy having been placed in Jno. Thompson jr's hands as Recr to be hired out & the Ct. being of opinion that he is not entitled to freedom till Tho. Brook's debts are paid & the plt Jno. M. Payne reimbursed for the difference between the sum of $140 rec'd from sd. Lewy & $449.25 for which sd. J. M. Payne as exor of Tho. Brooks has been charged for the hire of Lewy, & also the sum of $125 reported by Comr. to have been paid to Mr. Payne; the Ct. not now making any decree agt. sd exor for the sd $125 orders & decrees that Jno. Thompson jr recr., rept. to the Ct the amo: of hires now in his hands. (Rept filed 14 May 1846) Dec 22 Con.


1847 Ap. 26. Heard with the case of Tho. Brook's exor to F. Brook's adr. on papers formerly read & the Rept of J. Thompson jr dated 21 May 1846 by which it appears there is in sd Thompson's hands of the hires of the slave Lewy, the sum of $65. & for the hire afsd slave for the year 1846 the sum of $65 is due, & decreed that sd Thompson after deducting from the amo. in his hands $5 for his trouble, pay over to the Deft M. Hicks adr. of Fielding Brooks decd $60. & that sd Thompson collect the hire for the year 1846, if not collected, & after deducting $5 pay over the bal. to the Deft M. Hicks adr as aforesd in past satisfaction of $125 with the Int. due thereon which was ascertained by the Decree in this cause of 24 Ap 1846 to be due the sd Deft beside & above the ammo: thereby decreed to be paid by the Plt Jno. M. Payne exor of Tho Brooks decd to the sd Deft. 1848. June 30. Continued Sep. 23. Heard with the case of Tho. Brooks exer to F Brook's adr on paper formerly read & the Rept. of John Thompson jr. dated 23 Sep. 1848 by which it apprs in sd Thompson's hands of the hire of slave Lewy sum of $65 & & that he holds 2 bonds each for $65 one of which is now due & the other will be due 1 Jany 1849. & which are applied to the decree heretofore rendered in this cause agt. Js. M. Payne exor of Tho Brooks & decreed that sd Thompson after deducting from ammo. in his hands $5 for his trouble pay to M. Hicks adr Feil. Brooks decd balance thereof & that he proceed to collect the 2 bonds in his possession & after deducting sum of $5 from each pay over bal. to M Hicks adr. as afores. in satisfaction first of sum of $125 with Int. thereon which was ascertained by decree of 26. Apl. 1847. to be due to deft. beside & above amo. decreed agt plt Js. M. Payne, & bal apply to the decree agt sd Payne, & it appears that there will be a large bal still due upon decree aforesd. the Ct is of Opinion that under the circumstances sd negro Lewy should be sold for the satisfaction of sd decree doth decree that unless sd Lewy or some one for him shall within 9 months from this day pay to sd M. Hicks adr aforesd. the bal. remaining due on sd Decree after cred. suns before ment'd then that John Thompson jr. app'd Comr. shall proceed to sell sd Lewy at pub. auction for cash & out of proceeds afsd. sale after paying expenses pay & discharge bal. of sd decree or somuch as proceeds of sd sale will pay & Rept in ord. to a final decree 1849. June 22. Cont. Sept. 27. Heard on paper formerly read & it app[ears] to this Ct. that the ord. for the sale of the negro Lewy heretofore made in [illegible] causes has been [illegible] by order of this Ct. ent'd in the suit of Lewis vs Tho Brook's exer. Mary M. Garland exer [illegible] therefore ord. that Jno. Thompson jr. the former exer in this cause continued to hire out the sd Lewis & acco for sd hires as directed by former orders in these causes & that he shew cause on the 12 day of Decr. next why he should not be attach'd for failing to pay over the hires formerly collected & directed to be paid over to the aforesd. orders made [either?] causes. 1857. Ap. 26 Decree Sep 26. Decree Decr 11. The decree made in these causes 26 Sep 1851 by which John Thompson jr recr of [illegible] let in these causes was directed to shew cause on this day why he should not be attach'd for failing to comply with the Decree of this Ct. made 26 April 1851 by which he was decreed to pay the Deft Meshack Hicks admr of Fielding Brooks decd the sum of $258. 33 with Int on $211- 95 [illegible] thereof from 1st May 1857 until pd having been served upon sd John Thompson jr & the failing to shew cause agt assessing sd Attacht. It is ordered & decreed that a peremptory attachment be essayed agt him for failing to comply with sd decree returnable on 1st [illegible] on 1st day next Term