From Transcribe Wiki
Revision as of 02:24, 21 July 2019 by Kmh33469 (talk | contribs)
Jump to navigation Jump to search

The amount thereby decreed to be paid by the plt. Jas. M. Payne executor of Tho. Brooks dec'd to the sd Deft 1848 June 30 Cont. Septr. 23rd. Heard with the case of Lewy v Brooks' executor &c. On the papers formerly read & the Rept of Jno Thompson jr dated 23 Septr 1848 by which appears there is in the sd Thompson's hands of the hires of the slave Lewy the sum of $65 & that he holds two bonds each for the sun of $65. one of which is now due & the other will be due 1 Jany 1849 & which are applicable to the decree heretofore rendered in this cause agt. J M Payne exor of Thos. Brooks dec'd & decreed that sd Thompson after deducting from amo. in his hands $5 for his trouble pay to M Hicks adr. Fieldg. Brooks decd [illegible] thereof, & that he proceed to collect the two bonds in his possession & after deducting the sum of $5 from each, pay over balance to M Hicks adr. as aforesd in satisfaction first of sum of $125 with Int. due thereon which was ascertained by decree of 26. Apr. 1847. to tender o deft beside & above the amo. decreed agt. plt James M Payne & bal: apply to the decree aft. sd Payne & it app[earin]g that there will e a large bal. still due upon the decree aforesd. the Court is of Opinion that under the Circumstances sd negro Lewy should be sold for satisfaction of sd Decree doth decree that unless the sd Lewy or some one for him shall within 9 months from this day pay to sd M Hicks adr as aforesd the bal. remaining due [illegible] decree after crediting sums before ment'd then that John Thompson app'd Comr. shall proceed to sell sd Lewy at pub. auction for Cash, part of proceeds [illegible] sale after paying expenses pay & discharge bal. afsd decree or so much as proceeds afsd sale will pay & rept. in ord. to final decree. 1849 June 22 Cont.--Sept 27. Heard on papers formerly read & it appg to this Ct. that the ord. for the sale of the negro Lewy heretofore made in this cause has been injoined by and of this Ct. int'd in the suit of Lewis vs Tho Brooks' executor Mary M Garlands executor & [illegible] ord. that Kno Thompson jr. the former recr in these causes continue to hire out the sd Lewis & acct for sd hires ordered by former orders in these causes & that he shew cause on 12 day Decr next why he should not be attach'd for failure to pay over the hires formerly collected & decreed to [illegible] accor'g to the aforesd orders made in these causes. 1851 Ap. 26. Decree. Sep. 26. Decree

Plts costs to April 1843 $44.66 [illegible] Defts Costs since 37.32 Balance of costs due Plt. & to } be credited s directed by Decree of} $7.34 26 Sept 1851 }