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Bean family letters, 1845-1860
1850-04-07 Page 02
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money due him. But should Mr Thomas resist the claim and refuse to give possession, the purchaser will have to get out a writ of ejectment and the merits of the case will be tried on that writ. But the probability is, that Mr Tenant or Mr Thomas will manage to run the bid high enough to cover the claims against the land, or settle them before they will be pushed to the last extremity, as the merit of the case is clearly against Mr Thomas. After Mr Tenant's interest shall have been sold, he can be a witness in the ejectment case. You can obtain judgements before a Justice and transfer immediately to the Prothy Docket and they will become liens. But even after a transfer, an execution must first be issued by the Justice, and if returned with no property found or not sufficient, the Justice must notify the Prothony (the Justice will know the form) of the fact, and the Prothy can then issue an execution. It might be well enough not to get out an execution from the Justice before 20 days as after that time it will be too late to enter Bail or an Appeal. Yours truly John Nicholas N.B. The above is on the supposition that this is a fair business transaction. Fraud will make all null and void. J.N.
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money due him. But should Mr Thomas resist the claim and refuse to give possession, the purchaser will have to get out a writ of ejectment and the merits of the case will be tried on that writ. But the probability is, that Mr Tenant or Mr Thomas will manage to run the bid high enough to cover the claims against the land, or settle them before they will be pushed to the last extremity, as the merit of the case is clearly against Mr Thomas. After Mr Tenant's interest shall have been sold, he can be a witness in the ejectment case. You can obtain judgements before a Justice and transfer immediately to the Prothy Docket and they will become liens. But even after a transfer, an execution must first be issued by the Justice, and if returned with no property found or not sufficient, the Justice must notify the Prothony (the Justice will know the form) of the fact, and the Prothy can then issue an execution. It might be well enough not to get out an execution from the Justice before 20 days as after that time it will be too late to enter Bail or an Appeal. Yours truly John Nicholas N.B. The above is on the supposition that this is a fair business transaction. Fraud will make all null and void. J.N.
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