| |
18 October 1870
| Ellen Rigney |
} |
|
vs
|
} |
| Benjamin
T. Clement |
} |
Attachment returned by James
O. Swanson Constable
This day came as well the said Ellen Rigney by her Counsel as the said
Benj. T. Clement by his Counsel, and it appearing to the court that the
process in this cause has been duly served and that Henry C. Clement and
S. T. Clement are present as garnishing in said matter, and it being admitted
by the said Henry C. Clement that he is indebted to the said defendant
Benjamin T. Clement in the sum of $2000. two thousand dollars or thereabouts
as the purchase money for said Benjamin T. Clements interest in certain
real estate situated in the county of Pittsylvania and devised to him
by the will of his father Geo. W. Clement
decd. which said real estate it appears was sold by the said Benj. T.
Clement to the said Henry C. Clement for the sum of $2000. Six hundred
dollars of which was to be paid on the 1st January 1871 and the residue
in two equal instalments payable 1st January 1872 and 1st January 1873
respectively and title was retained to said land until all purchase money
was paid. It is therefore considered by this Court that the said Ellen
Rigney receive of the defendant Benj. T. Clement the sum of Seven hundred
and fifty dollars the sum mentioned in said Clements bond to her less
the sum of one hundred and fifty dollars the aggregate amount of credits
allowed on said bond and thus Henry C. Clement the garnisher admitting
his indebtedness to said Benj. T. Clement as aforesaid to pay to the said
Ellen Rigney the said sum of $750.00 less the credit aforesaid in the
manner following to wit $75.00 on the 1st day of July 1871 $75.00 on the
1st day of July 1872 $75.00 on the 1st day of July 1873 $75.00 on the
1st day of July 1874 $75.00 on the 1st day of July 1875 $75.00 on the
1st day of July 1876 $75.00 on the 1st day of July 1877 and $75.00 the
residue thereof until the 1st July 1878. And it is further considered
by the Court that the said amount of $750.00 after allowing the credit
as aforesaid shall be a charge and a lien upon the land purchased by said
Henry C. Clement of said Benj. T. Clement until the whole amount of the
same in the manner above indicated shall have been paid off and satisfied
together with costs and any interest that may accrue thereon and to more
effectually carry out said order it is further considered by the Court
that the said Henry C. Clement shall execute to Langhorne Scruggs as Receiver
of this Court in this cause bond with good Security in the penalty of
$800 conditioned to pay the amount of $750.00 less the credit aforesaid
and in the manner above stated for which judgment was rendered against
him above as garnisher and to abide fully the orders of the Court in respect
thereto, said amount when received to be paid over to said Ellen Rigney
or her authorized attorney, and leave is granted said Ellen Rigney to
apply to the Court for any order necessary to enforce the recovery aforesaid
in her behalf and that said plaintiffs recover her costs about her attachment
in this behalf refunded.
|