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John Tayloe, Plaintiff in Error v. Edward Thomson's Lessee

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eBook details

  • Title: John Tayloe, Plaintiff in Error v. Edward Thomson's Lessee
  • Author : United States Supreme Court
  • Release Date : January 01, 1831
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 76 KB

Description

In the court below this was an action of ejectment, brought by Thomson to recover possession of a lot in the city of Washington. It came up on a case stated by the parties; which contains all the facts on which the cause depends, and is as follows: In this case it is agreed, 'that one Charles Glover was seised in fee of the messuage, &c. in dispute, on and before the 15th May 1815, and so continued seised until the 4th January 1819, when he bargained and sold the premises to the defendant, John Tayloe, as hereinafter mentioned: that on the 15th June 1818, Owen and Longstreth obtained two judgments at law against the said Glover, as endorser of two promissory notes, passed to the said Owen and Longstreth; the one for six hundred and eighty dollars and seventy-four cents, with interest from the 15th February 1817 till paid, and costs; the other for six hundred and seventy-four dollars and twenty cents, with interest from the 15th December 1816 till paid, and costs; which judgments, by an arrangement between said Owen and Longstreth, and the lessor of the plaintiff, or the lessor of the plaintiff together with his partner Maris, trading under the firm of Thomson and Maris, were transferred, with other choses in action, by Owen and Longstreth to the lessor of the plaintiff, or to said Thomson and Maris, so as to place the proceeds of said judgments at the disposal of said Thomson or Thomson and Maris, and make the same applicable to the security of said Thomson, or Thomson and Maris, against certain engagements entered into by him or them, for Owen and Longstreth; and were prosecuted for the benefit of said Thomson or Thomson and Maris. 'That ca. sas. were issued on said judgments on the 10th May 1820, returnable to June term 1820, and duly served on said Glover, who was duly committed to the jail of the county aforesaid under the said execution. That he was thereupon admitted to the benefit of the prison rules, upon giving bonds and securities, pursuant to the act of congress in such case provided. That the said Glover having broken the prison rules and the conditions of his said bonds, suits were brought upon the same against him and his security; returnable to October term 1822, at the instance and for the benefit of the said assignee or assignees of the said judgments; and judgments were duly obtained in said suits against said Glover (but not prosecuted to judgment against his security, he having died, and no administration on his estate in this district), for the respective amounts of said original judgments, with interest and costs, at October term 1823; upon which judgments so obtained against Glover, on said prison bounds bonds, fi. fas. were duly issued, returnable to December term 1824, and then returned nulla bona. That at the same term, of December 1824, the attorney, upon the record of the said Owen and Longstreth, still acting at the instance and for the benefit of the said assignee or assignees of the said original judgments, moved the court to recommit the said Glover, under the original ca. sas. issued on said judgments and before execution as aforesaid: the ground of which motion was, that more than twelve months had expired since the said Glover had been admitted to the benefit of the prison rules, as aforesaid, and that the act of congress, in such case provided, had limited the benefit of such prison rules to the term of twelve months: upon which motion the said Glover was recommitted, by order of said court, under the said ca. sas. to the common jail aforesaid; where he remained, in virtue of his said recommitment, until the 5th February 1825, when he was duly discharged as an insolvent debtor, pursuant to the act and acts of congress for the relief of insolvent debtors within the district of Columbia; he, the said Glover, having, in all things, complied with the requisites of the said act, to entitle him to such discharge.


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