JB/538/104/002

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This last sum (£150) W. tells me a confused story about which I
could make neither head nor tail of. But as I saw what was at
the bottom of it viz: that he had received money from one man to pay
over to another which he had not done, I could not bear to press
him in such a manner as would have been necessary to get an
explicit account of it. However he said with an air of ease& confidence
as if the money were to come from and the delay had proceeded
from another quarter, that notice had been given, and the money
would be paid in April.

I dare say I should rather say I fear— not a farthing of interest has been paid upon
any of these sums. I did not ask him: but I am apt to think if
there had he would have mentioned. I think upon an average
they must have been outstanding at least a year - this will probably
make the 520 amount to 550.

At the same time W. gave me repeated insurances that there
was no mortgage at all but Mrs Ackworth's upon any part
of the premises. If so the several parties concerned are compellable
to deliver the writings. So that if this be true the Deceit, if any, will fall upon
them not upon Mrs A.

There is another bad circumstance in the case. The Judgements
upon which these executions were taken out which you mentioned
might in case the goods should not prove sufficient be bought
to affect the Lands and conseque so as to have the preference over as a Mortgage
executed since. They affect them in this way. A man
who has a judgement in his favor for so much money may proceed
in either of these manners: 1st he may have a writ called Fieri Facias
to take the debtors goods & have them sold alone: in that case if there is not enough
to satisfy he may have another writ called a capias ad satisfaciendum
to take the body. Or else 2dly waiving both these remedies
he may have a writ called an Elegit which entitles him to
take poss have the goods themselves deliver'd to him at an appraisement
& if they do not amount to enough, then in virtue of the same amt

Identifier: | JB/538/104/002 "JB/" can not be assigned to a declared number type with value 538.
Date_1	1777-??-??	Marginal Summary Numbering
Box	538	Main Headings
Folio number	104	Info in main headings field
Image	002	Titles
Category	Correspondence	Number of Pages
Recto/Verso		Page Numbering
Penner	Jeremy Bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number
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