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Hardy H. Perry
vs.
John B. Walton &
Timothy Garrett
1846

Source:  TSL&A Microfilm A-5032
Loose Record #286


Transcribed by Jan J. Barnes
© 2004

Hardy H. Perry for himself and as guardian for Sarah F., William M., James G., Mary J., and Susan G. Perry by their next friend and guardian H. H. Perry vs. John B. Walton Admr. and Timothy Garrett.
Be it remembered that the above cause came on again to be heard finally upon the bill, exhibits pro confesso order and proofs in the cause before the Honorable B. L. Ridly upon the 12th of October 1846 where it appearing to the satisfaction of the court that Jesse Garrett and John B. Walton qualified as the administrators of Norfleet Perry, upon the 12th day of August 1833 and that Timothy Garrett became their security for the faithful performance of their trust - and it also appearing that Jesse Garrett has departed this life and against whom no decree is asked - and it also appearing that the said Walton took into his possession as administrator the estate of said Perry and that he has not paid over the proceeds of said estate to those entitled to the same  It also appearing that an agreement was made and entered into between the parties on the 1st day of August 1846 that a decree should be entered at this term of the court in favor of Complainants against defendants for the sum of four hundred and twenty five dollars and interest from the first day of June 1846 the balance unaccounted for in the hands of said Walton as surviving administrator.

It is therefore ordered adjudged and decreed by the Court that John B. Walton and Timothy Garrett pay into the office of the Clerk this Court on or before the 15th day of November 1846 the sum of four hundred and twenty five dollars with interest from the 1st day of June 1846 for the use of complainants and that they pay the costs of this cause.  It is further ordered and decreed by the Court if the same defendants shall fail to pay into Court the said sum by the day given aforesaid that execution as at Law issue against them for the same but that it shall not be levied upon the property of said Timothy Garrett until the property of said Walton is exhausted.


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