Difference between revisions of "Legal Form Book of Peter Tinsley"

The Commonwealth of Virginia to the Sheriff of County Greeting: You are hereby commanded to summon James Ritchie, to appear before the Judge of the High Court of Chancery of the Capitol in the City of Richmond on the 17th day of the next term to answer a bill in Chancery exhibited against him by Edward Digges: and this he shall in no wise omit under the penalty of £100 and have then there this writ: Witness George Wythe judge of our said Court of Richmond this 10th Day of June 1802, and in the 26th year of the Commonwealth.

Subpoena

To injoin the defendants their agents, attornies and all others concerned from further proceeding on a judgment obtained by the defendant James Dunlop exor of Thomas Montgomery who was assignee of William Ransdell against the plaintiff in the district court of Dumfries as to the sum now appearing by the said judgment to be due, until the further order of this Court. But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said district Court in a penalty equal to double the money hereby injoined and until he also files with the said Clerk, or with the Clerk of this Court, a release of all errors at law in the said judgment proceedings

Mem^o If the release of errors be filed with the Clerk of the district aforesaid a copy thereof is to be certified to this court

Injunction to part of a judgment obta. by assignees

Injunction to a Judgt. Deputy Shff and his securities

To injoin &c. from proceeding on a judgment obtained by the defendant W.C. against the plaintiff and the Securities for the faithful execution of his office as deputy Sheriff as to £10 until &c.

Injunction to a judgment on forthcoming bond

To injoin &c. from proceeding on a judgment obtained by the defendant J.M against the plaintiff C.D. in the district court of Dumfries on a bond given for the forthcoming of property at the day of sale on an execution sued out of the Clerks Office of the said district court on a judgment obtained therein by the said defendant J.M against the plaintiff J.S until &c.

Injunction to a Judgt. on a forthcoming bond [???] Plt and the securities for the delivery of the property at the day of sale.

To injoin &c. from proceeding on a judgment obtained by the deft against the plaintiffs J.C and S.C in the district court of Dumfries on a bond given for the forthcoming of property at the day of sale on an execution sued out of the Clerks office of the said district court on a judgment thereon obtained by the deft [???]the plt H.T until the further order of this Court.

Injunction to a Judgt. on a forthcoming bond as to 8 years interest

To injoin &c. from further proceeding on a judgment obtained by the deft against the plaintiff on a bond given for the forthcoming of property at the day of sale, upon an execution sued out of the Clerks office of the district court of Dumfries on a judgment obtained thereon by the defendant against the plaintiff as to so much of said first mentioned judgment as is equal to eight years interest on the principal money recovered by the last mentioned Judgt. until &c.

Injunction to a Judgt. on a forthcoming bond which Judgt. was affirmed on an appeal to the Dt. Ct. of C.

To injoin &c. from further proceeding on a judgment obtained by the defendant against the plaintiff and others in the district Court of

of Charlottesville affirming a judgment of the County Court of Albemarle rendered on a bond given for the forthcoming of property at the day of sale upon an execution sued out of the Clerks Office of the said County Court on a judgment obtained therein by the defendant as assignee of S.C against the admons of C.S. deceased until the further order of this court: But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks Office of the said district court in a penalty equal to double the money recovered by the judgment first mentioned with such condition as the law requires; and until he and the said W.S.H. also file with the said Clerk of the district Court or with the Clerk of this Court a release of all errors at law in the said judgment and proceedings

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To injoin &c. from further proceeding on the execution now in the Sheriffs hands of Fluvanna in favor of William Adams and others against Richard Cocke until the further order of this court: But the effect of this injunction is to be suspended until the plt: B.R enters into bond with sufficient security in the Clerks office of the respective Courts in which the judgments on which the said executions were rendered in penalties equal to double &c.

Injunction to executions now in the Shffs hands.

To injoin the defendant his agents attornies and all others concerned from further proceeding on a judgment obtained by the defendant against the plaintiff in the county Court of Goochland also on a bond

Injunction to a Judgt. and to a bond given in virtue of an exon sued out on the said Judgment.

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bond given for the forthcoming of property at the day of sale upon an execution sued out of the said County Court on the judgment aforesaid, until the further order of this Court, but the effect of this Subpoena is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said County Court in the penalty of two hundred and twenty pounds with such condition as the law requires, and until he also files with the said Clerk or with the Clerk of this court a release of all errors in the said judgment &c. proceedings P.T. C,C

In the case of a review where the decree reviewed is not final.

Virginia In the High Court of Chancery Between A.E. plaintiff and C.D. defendant The plaintiff by leave of the Judge of the said court is allowed to file a bill for reviewing the decree and proceedings in the suit between A.E. plaintiff and C.D. defendant, and having filed the same accordingly, the commissioners appointed for performing the said decree which was pronounced on the day of are hereby to suspend all proceedings on the said decree until the further order of the said H.C.C. P.T. C,C

Surveyors fees Sergeant inhibited from proceeding to distrain.

To inhibit the Sergeant of the City of Richmond from proceeding to distrain the property of the plaintiff to satisfy the tickets put into his the said Sergeants hands by the defendant Edward Jackson for fees said to be due him as surveyor of Randolph County from the plaintiff for services performed in the years one thousand seven hundred and ninety five and 1796, amounting to $908 and 66 until

until the further order of this Court.

To inhibit the defendant R.K. until the further order of this court from proceeding to sell more of the property conveyed to him in trust by the plaintiff Rice N. by Indenture bearing date the 29.th of March 1800 to secure the payment of a debt due by him the said R.N. to Robert Haslie and others surviving partners of B.H. & Co. than may be sufficient to raise so much of the debt intended to be secured by the said indenture as shall remain after deduction therefrom of one hundred and forty nine pounds 13/5 with interest thereon from the 25.th day of July 1799. P.T. C,C

Trustee inhibited from proceeding to sell trust property.

To injoin &c. from further proceeding on a judgment obtained by the defendants J.D. &c. exors of T.M who was was assignee of W.R. against the plaintiff in the district Court of Dumfries as to the sum now appearing by the said judgment to be due: until the further order of this court. But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks Office of the said district court in a penalty equal to double the money hereby injoined and until he also files the said Clerk or with the Clerk of this Court a release of all errors of law in the said judgment and proceedings. P.T. C,C

Injunction to part of a Judgt. Obtained by assignee.

To injoin &c. from further proceedings on a judgment obtained by the defendants J.L. and J.L. exors of F.L. deceased against the plaintiff in the district court of Fredericksburg until the last day of this month, and no longer, upon condition that the goods

Injunction to continue to the end of such a period then to cease unless cause be shown to the contrary after giving notice to the deft. as required

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goods and chattels taken or to be taken, in execution be suffered to remain under the Officers power, to the end that in the mean time, the defendants to whom the plaintiff is required to give reasonable notice of this motion may attend the Judge of the high court of Chancery personally or by counsil for the purpose of opposing it if they will and that if the injunction be not continued, the creditors may not be longer delayed. P.T. C,C

Injunction to a Judgt. and to two others to be confessed in the actions now depending in court.

To injoin &c. from further proceeding on a judgment obtained by the defendant of the plaintiff in the district court of ~ Winchester, until the further order of this court: But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said district court in a penalty equal to double the money recovered by the said judgment with such condition as the law requires and until he also files a release of errors. &c. (from) And upon the plaintiffs confessing judgments in the two actions commenced against him by the defendant and now depending in the said district Court, and entering into like bond in a penalty equal to double the money recovered by the judgments so to be confessed: and moreover filing with the said Clerk, or with the Clerk of this court, a release of all errors at law in the said ~ judgments and proceedings, the defendant, his agents, attornies & all others concerned, are hereby injoined from further proceeding on the said judgments until the further order of this court. P.T. C,C

Injunction to two Judgments specifying the sums injoined

To injoin &c. from further proceeding on two judgments obtained by the defendants against the plaintiffs in the district court of F one

one for £112 10 with interest from the 1.st day of April 1792. and costs and the other for £120 17 6 ¼ with interest from the 1.st day of April 92, and costs, until the further order of this court, but the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said district court in a penalty equal to double the money recovered by the said judgments with such condition as the law requires: and until he also files with the said Clerk or with the Clerk of this court a release of all errors of law in the said judgments and proceedings.

To inhibit the commrs. from proceeding to make sale of the eight hundred acres of land mentioned in the complainants bill it being part of the land mortgaged by John P.P. to J.B. by indenture bearing date the 8.th day of September 1787, for the foreclosure of which said mortgage a decree was made on the 22d day of May 1801, in a suit in the high Court of Chancery between the said J.B. plaintiff and M. Posey defendant, until the further order &c. but the effect &c. penalty of the bond to be directed by the Judge. Memo. The Clerk of the said County Court is directed to transmit to this court the bond to be taken in pursuance of the above injunction.

Commissioners inhibited from proceeding to sell land.

To injoin &c. from further proceeding on two judgments one obtained by the defendant J.M. against the plaintiff in the district court of B and the other against him as Garnishee of the defendant F.G. in

Injunctions to Jugdmt. obtained vs the plt. in different characters and in different Courts.

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in the County Court of Brunswick, until the further order of this court: but the effect of this injunction is to be suspended until the plaintiff enters into bonds in the Clerks office of the said county and district courts in a penalty equal to double the amount of the said judgments, and until he also files with the said Clerks a release of all errors at law in the said judgments and proceedings. P.T. C,C

Upon plaintiffs confessing Judgdt. Injunction awarded.

Fontaine Maury against John Proudfit Upon the plaintiffs confessing judgment in the action commenced against him in the County Court of Spotsylvania by the ~ defendant for the debt and interest sought thereby to be recovered and entering into bond with sufficient security in the Clerks office of the said County Court in a penalty equal to double the amount due by the said judgment with such condition as the law requires in cases of injunctions, and moreover filing with the said Clerk or with the Clerk of this Court, a release of all errors of law in the said judgment and proceedings; the defendant his agents &c. are hereby injoined from proceeding on the said judgment until the further order of court. P.T. C,C

Injunction from further proceeding on a forthcoming bond.

To injoin &c. from proceeding on a bond given for the forthcoming of property at the day of sale upon an execution sued out of the county Court of Gloucester on a judgment obtained in the said court by W.D. assignee &c. of S.C who was assignee of J.H. against the plaintiff, until the further order of this Court; but the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said county court

court in a penalty equal to double the money appearing to be due by the said bond, with such condition as the law requires, and until he also files with the Clerk of the said Court, or with the Clerk of this Court a release of all errors in the said judgment and proceedings P.T. C,C

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To injoin &c. from further proceeding on two judgments obtained by the defendants G&c.F.T &c. assignee of C.M.&c. against the plaintiff one in the county Court of Norfolk, and the other in the district court of Suffolk, until the further order of this Court; but the effect of this injunction is to be suspended ~ until the plaintiff enters into bond in the Clerks office of the said respective Courts with sufficient security in penalties equal to double the money recovered by each of the said Judg.ts with such condition as the law requires; and until he also files with the Clerks of the said Courts a release of all errors of law in the said Judgments and proceedings P.T. C,C

Injunction to two Judgments obtained in different ~ Courts

To injoin &c. from further proceeding on two judgments obtained by the defendant against the plaintiff in the district court of New London, one for the 104 pounds 10/- [???] with interest from the 9.th day of January 1794, till payment and the Costs, the other for 131 pounds 1/- [???] with interest from the same period till payment and costs, until the further order of this court: but the effect of this injunction is to be suspended, until the plaintiffs enter into bond with sufficient security in the Clerks office of the said district court in a penalty equal to double the money recovered by the said judgments with such condition as the law requires; and until they also file with the said Clerk, or with the clerk of this court a release of all errors at law in the said judgments and proceedings P.T. CC

Injunction to two Judgments sums recovered by the said Judgments specified.

Anthony Thornton and Mary his wife……… plaintiffs against Graham Franks and others………………......defendants The demurrer put in to the bill of the plaintiffs by the defendants Francis Gaines and Frances his wife was this twentieth day of March, in the year of our lord, one thousand seven hundred and ninety three, argued by counsil and ~ overruled by the Court, and therefore the court doth order these defendants to answer the said bill, and to pay to the plaintiffs their costs occasioned by the demurrer: and doth further order that the defendant Zachariah Shackleford, do make up an account of his administration of the estate of Richard Shackleford deceased, and also an account of the estate of Philip Rootes exor of Philip Rootes deceased and of the testator Philip Rootes which came to his hands; and with the consent of defendants Francis Gaines and Frances his wife by their counsil It is ordered that they do also render an account of the portion of the said estates which came to their hands, which accounts are to be made up before master commissioner Hay, who is directed to examine state and settle the same and make report thereof to the Court with such matters specially as he may think pertinent or as the parties may require

Order overruling Demurrer and directing account.

Plea to stand as an answer and leave given the deft to put in a further answer

William Thornton Alexander.................plaintiff against Patrick Maury.................defendant The plea of the defendant, put into the bill of the Plt came on, this twenty third day of September, in the year of our Lord, one thousand seven hundred and ninety three, to be argued by counsil, and the court doth direct the said plea to stand for an answer, and doth give leave to the defendant further to answer the bill of the plaintiff.

Decree for partition and allotment and report to be made

Jesse Curd and others…………………………….plaintiffs against Suzanna Ellis and others…………………………defendants This cause, by consent of parties, came on, this fifteenth day of September, in the year of our lord, one thousand seven hundred and ninety five, to be heard on the bill and answers and the decree of the county court of Goochland in chancery, in a cause wherein the said Susanna Ellis widow and the present plaintiffs were plaintiffs and the said Samuel Woodson was defendant, and was argued by counsil; on consideration whereof the court doth appoint Miles Seldon, Nath.e Wilkinson, Daniel L. Hylton and William Price commissioners of whom any two or more may act, to assign to the said ~ Susanna the widow, her dower of the lands and slaves whereof John Ellis the father was seized and possessed at the times of his death, including in such lands the twenty five acres of Wood land mentioned in the said decree, of the County court of Goochland, and make partition of all the said lands and slaves subject to the said

said dower, among the children of the said John Ellis to be holden by them in coparcenery, and do also distribute the personal estate of the said John Ellis amongst his window and children, allotting one third part thereof to her, and that the defendant, Samuel Woodson, do convey the inheritance of the said twenty five acres of land after the confirmation of the report, to that plaintiff within the limits of whose property the same shall be; and that the said acting commissioners report the partition and distribution to the Court.

000

Overton Cosby and others……………….......... appellants against Gilbert Currell executer of Henry Currell ….appellee This cause an appeal from a decree of Lancaster County Court in chancery pronounced, the twenty first day of may in the last year, by which an injunction to a judgment recovered by the appellants against the appellee was made perpetual, came on the nineteenth day of September, in the year of our lord one thousand seven hundred and ninety four, to be heard on a transcript of the record of proceedings before the County Court and was argued by council; on behalf of the appellants no counsil appearing on behalf of the appellee; on consideration whereof this court is of opinion that before any decree was made in this cause an issue between the appellee and the appellant Overton Cosby who is executer of his copartner James Mills ought to have been made up and tried in order to determine whether that testator had received from the testator of the appellee the pine plank ~ mentioned

Cause remitted to the County court. Issue to be made up between the parties to try certain facts.

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mentioned in the bill to been sold and delivered, or any other articles sold and delivered, or payments made to the said James Mills, for which just credits had not been given, and to ascertain the value of such articles and payments, if not credited, and therefore this court doth remit the cause to the County Court, to the end, that such issue, may there be directed, made up and tried, and that the said Court may proceed to compel execution of the said decree, or setting it aside make such other decree as the verdict to be found ~ upon trial of the issue shall justify: and this court doth award that the appellee do pay unto the appellants the costs expended by them in prosecuting their appeal all which is ordered and decreed accordingly.

Upon a motion to dissolve the Inj.n leave given the deft: to plead to the declaration on which Judgm.t was rendered. Verdict to be certified to this Court:

Bradley and others……………………………………….plaintiffs and Mitchell…………………………………………………..defendant Upon a motion made the 29th day of May in the year of our lord 1797, by the counsil for the defendant to dissolve the injunction obtained by the plaintiffs to stay execution of a judgment recovered against them by the defendant in the district court Wmsburg, The court doth give leave to the plaintiffs to appear and set aside the said judgment by putting in such plea as they shall be advised to the declaration on which the same was rendered, and doth order that the verdict upon trial of the issue which may thereupon be made up be certified to this court.

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Cary…………………………………………………….. plaintiff against Herbert and others……………………………………….defendants The report pursuant to the order made in this cause on

said dower, among the children of the said John Ellis to be holden by them in coparcenery, and do also distribute the personal estate of the said John Ellis amongst his window and children, allotting one third part thereof to her, and that the defendant, Samuel Woodson, do convey the inheritance of the said twenty five acres of land after the confirmation of the report, to that plaintiff within the limits of whose property the same shall be; and that the said acting commissioners report the partition and distribution to the Court.

000

Overton Cosby and others……………….......... appellants against Gilbert Currell executer of Henry Currell ….appellee This cause an appeal from a decree of Lancaster County Court in chancery pronounced, the twenty first day of may in the last year, by which an injunction to a judgment recovered by the appellants against the appellee was made perpetual, came on the nineteenth day of September, in the year of our lord one thousand seven hundred and ninety four, to be heard on a transcript of the record of proceedings before the County Court and was argued by council; on behalf of the appellants no counsil appearing on behalf of the appellee; on consideration whereof this court is of opinion that before any decree was made in this cause an issue between the appellee and the appellant Overton Cosby who is executer of his copartner James Mills ought to have been made up and tried in order to determine whether that testator had received from the testator of the appellee the pine plank ~ mentioned

Cause remitted to the County court. Issue to be made up between the parties to try certain facts.

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