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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 643   View pdf image (33K)
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CAPE SABLE COMPANY'S CASE.—3 BLAND. 643

But, whatever doubts or difficulties may have previously existed
upon this subject, all, or the greater part of them, have been re-
moved by an Act of Assembly, which declares, that the cterks of
the County Court shall, on application of the plaintiff in any judg-
ment in their Courts, upon return of nulla bona on a fieri facias, in
the county where such judgment hath been obtained, issue execu-
tion thereon against the goods and chattels, land and tenements
of any defendant lying and being in any other county than that in
which such judgment was obtained; which execution shall be di-
rected to and served by the sheriff of the county in which such
goods and chattels, lands and tenements may be; and that it shall
be sufficient for the plaintiff to entitle himself to the benefit of
such execution to produce before the Court to which the same
shall be returnable, a .short copy of the judgment attested by the
clerk. 1794. ch. 54. s. 9. And it is further provided by another
Act of Assembly, that the same proceedings may be had upon the
return of such execution in the County Court of the county to
which it has been sent, as if it had been issued on a judgment
obtained therein; and may if necessary be renewed from that
Court. 1795, ch. 23, s. 1; Harden v. Moores, 7 R. & J. 4.

These legislatee enactments were manifestly and expressly in-
tended, so to enlarge the force and operation of judgments, ob-
tained in the County Courts, as to make all the property of the
* defendant, wherever it might be found, within any one of 668
the counties of the State, liable to be taken iu execution for

the satisfaction of such judgment^ No execution can be issued, un-
der these laws, against the person of the defendant, to any county,
but to that in which he resides, as directed by the previous enact-
ments; nor can a plaintiff be allowed to issue writs of fieri facias
directed to two or more counties at the same time, although it may
be renewed, or continued, either on the original judgment, or on
the short copy of it sent to another county, until full satisfaction
has been obtained: in like manner as by a testatum fieri facias
issuing, according to the English law, from the Court of King's
Bench to any county of the realm, into which it may be necessary
that an execution should go. in order to extract from the property
of the defendant that satisfaction to which the plaintiff by his
judgment is entitled. And, according to the principles of law
which have been applied in all similar cases, as well here as in
England, the lands and tenements of the defendant having been
thus expressly made liable, by a regular course of proceeding, to
be taken in execution, are all, wherever they may be, within any
one of the counties of the State, bound by a lien which fastens
upon them from the date of any such judgment rendered in any
County Court. Ralxton v. Bell, 2 Dall. 159; Eppes v. Randolph, 2
Call. 186; Nimmo v. The Commomwealth, 4 Hen. & Mun. 77.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 643   View pdf image (33K)
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