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about his defence in a certain action, at the suit of the said, &c. in COVenant or for debt, &c.(as the case may be,) in this behalf expended.” The form of a writ of elegit–“The Commonwealth of Kentucky, to, &c. greeting: Whereas A. B. at our court, &c. before our judge or justices, (as the case may be,) held at the court house of
— on the – day of ——, hath recovered against C. D. the sum of $ , which to the said plaintiff was adjudged, for his debt or damages—as before. And the said A. B. hath chosen to have delivered to him, all the goods and chattels of the said C. D. saving only the goods and chattels which by the statutes of this monwealth, are exempted from execution, and also one moiety of all his lands and tenements in your bailiwick, to have, and to hold the goods and chattles aforesaid, as his own proper goods, and the said moiety as his freehold to him and his assigns, until he shall have levied the debt and damages aforesaid: 'Therefore, we command you, that you cause to be delivered, all the goods and chattels of the said C. D. saving the property so exempted from caecution, and also one moiety of all his lands and tenements in your bailiwick, whereof, he, at the day that this writ shall come to your hands, or at any time afterwards, was scized, by reasonable price and extent, to have and to hold the said goods and chattels, to him the said A. B. as his own proper goods and chattels, and the said moiety of his freehold, to him and his assigns, until he shall have levied thereof, the debt, damages and costs, aforesaid, and that you certify to our said judge or justices, under your seal and the seals of those by whose oath you shall make this extent, how you have executed this writ, the – day of ——, at the court house of our said county, and have then there this writ: Witness,” &c. [A cupias ad satisfaciendum—“The Commonwealth, &c. greeting, we command you, that you take A. B. late of your bailiwick, if within the same he be found, and him safely keep, so that you have his lody before our judge or justices of our —— court, &c. the – day of —, to satisfy C. D. the sum of $—, which the said plaintiff hath recovered against him for debt (or damages, as the case may be,) also,” &c. as before in the writ of fieri facias;] which said writs, so issued, shall be executed by the sheriff or other officer to whom the same shall be directed, and shall be returned according to the substance of the respective forms hereafter mentioned, to-wit: The return of a fieri facias, “Satisfied;” or “By virtue of this writ, I have caused to be made, the sum of $–, which, after deducting my commission thereon, entitles this execution to a credit of $–, and no more property found of which the residue or any part thereof can at present be made;” or, “levied by , of the supposed fair value of $–, and on the
day of , at I exposed the same to sale, but the said property was not sold for want of bidders;” or “levied Vol. 1. 81 *.
Form of returns.
Fi. fa. executed.
Not sold for want of bidder. " Jury summoned to try the right of property.
Form of verdict, &c. Return of th•legit. o Schedule and value of the goods taken.
by me on —, of the supposed value of , and A. B. claimed the said property to be his, and demanded that his claim should be inquired into by a jury, which was accordingly summoned, and on the day of —, at the house of * enpannelled and sworn according to law, who thereupon found, that the said property was the property of the said A. B. and the same was restored to him, and no estate of the said C. D. found by me, of which the said debt or damages, &c. or any part thereof could be made;” or “the within named A. B. hath no estate within my bailiwick, of which the debt or damages, &c. mentioned in this writ, or any part thereof can be made.” Return of writ of elegit—"Inquisition, indented and taken at —, in the county of
on the day of —, in the year of our Lord, 18—, before me, E. F. sheriff (or coroner,) of the county aforesaid, by virtue of a writ of elegit to me directed, and to this inquisition annexed, and by the oath of A. B. C. &c. good and lawful men of my bailiwick, who being charged and sworn, upon their oath do say, that A. B. who is named in the writ of inquisition hereto annexed, was at the time this writ came to the hands of the officer to be executed, and at the time of taking this inquisition, is possessed of the goods and chattels following, as of his own proper goods, to-wit: (here make out a schedule of the goods, with the value of each item, and the aggregate value,) which I, the said sheriff, have caused to be delivered to the said C. D. to hold to him as his own proper goods and chattels, in part satisfaction of his debt or damages, &c. aforesaid, in the said writ mentioned, which, after deducting my commission, entitles this execution to a credit of $ , and further, the said jurors upon their oaths do say, that the said A. B. at the time the said writ came to the hands of the officer as aforesaid, was seized, and since has acquired of his own demesne, as of fee of and in (here name the houses and lands, town lots or other landed estate,) with the appurtenances of the annual nett value of $ —,
acres of which or thereabout, are a true and equal moiety of all and singular, the said lands, tenements and hereditaments aforesaid, belonging to the said A. B. in the county aforesaid, which said moiety, I, the said sheriff, on the day and year aforesaid, to the said C. D. in the said writ named at a reasonable extent of the yearly value of $ , have delivered, to hold to him and his assigns, according to law, until he shall have levied the residue of the debt or damages, &c. aforesaid, as the writ aforesaid requires; and further, the said jurors upon their oaths do say, that the said A. B. at the time, &c. aforesaid, had not, nor at the time of taking this inquisition, hath any other or more goods or chattels, lands or tenements, in the county aforesaid, to the knowledge of the jurors aforesaid: In testimony whereof, as well, I, the said sheriff (or coroner,) as the jurors aforesaid, to this inquisition, have severally signed (or caused to be sign
ed) our names, and put our seals, the day, year and place, above mentioned.” [Return of a capias ad satisfaciendum—“By virtue of this writ, to me directed, I have taken the within named A. B. and delivered him to the jailer of my county, agreeably to the tenor and command of the within writ, on the – day of ;” or “the within named A. B. is not found within my bailiwick.”] Sec. 2. After obtaining final decree for lands, slaves, money or other specific thing, in any court having chancery jurisdiction, the clerk of the said court, shall, upon the request of the party obtaining such decree or his attorney, issue any writ of execution which would be appropriate, and is allowable upon a judgment of a court of law, according to the nature of the case, for carrying the decree into effect; (j) which writ shall issue in the same manner as other writs of execution, be returnable within the same time, executed by the sheriff or other proper officer, under the like penalties, and in every thing partake of the nature and effect of like writs issued upon judgments at law, and subject to the same power of the court. But nothing in this act contained, shall prohibit any party from proceeding to carry any order or decree in chancery into execution, in any manner which he might have done if this clause or section had never been enacted. SEc. 3. When any writ of execution shall issue, and the party at whose suit the same issued, shall afterwards desire to take out another writ of execution, at his own proper costs and charges, the Clerk may issue the same, if the first be not returned and executed: and where upon a fi. fa. the proper officer shall return in effect, that the party defendant hath no goods, or not sufficient to satisfy the said execution, the Clerk shall issue another f. fa. or other appropriate writ which may be allowed by law, upon the request of the party, plaintiff or his attorney; and where part of the debt shall be levied upon an elegit, or a return thereon of nihil, a new elegit may issue for the residue, or any other appropriate writ allowed by law; and where one judgment is obtained against several defendants, execution shall issue thereon, as if it were against one defendant, and not otherwise. SEc. 4. If a tenant by elegit be evicted of his title in the lands, tenements or hereditaments, which he holds by virtue of any extent thereof, by judgment had against him otherwise than by his own fraud or default, before satisfaction shall be made him for his debt, or damages and costs, he shall and may have a writ of scire Jacias against the debtor, his heirs, executors or administrators, to have execution for the residue of his debt, or damages and costs, as shall appear to remain unpaid, with interest thereon, and
(j) The statute which authorizes the issuing sold under a decree, by execution.--Scott v. Cole
of an execution upon decrees in chancery, will man, 5.Mon. 75.
justify putting a purchaser into possession of land
When lands may have been *omitted out of the extent, judgment not to be void.
Remedy for contribution saved.
Not to extend to heirs.
Estate bound from the delivery of the writ.
Time of reception to be endorsed thereon.
First execution to be first satisfied.
may have his writ of fieri facias, or other appropriate writ for
(k) If several executions issue against the continued after the return day.--Daniel v. Coch
same debtor, the sheriff is bound to satisfy that
ran's .4dmor. 4 Bibb, 532.
and where two or more writs against the same person, shall come
* 5. As between execution creditors, it is not
bona fide and brought into the county by the