Wake County, NC – John Haywood - Act For Judgment, 1829

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An Act to provide for the collection of a judgment obtained by the
State against the devisees of the late John Haywood

Whereas the State has obtained a judgment in the Court of Pleas and
Quarter Sessions of the county of Wake against Geo. W. Haywood,
executor of the late John Haywood, on which a scire facias was
issued against William D. Haywood, Rebecca J. Haywood, Edward B.
Haywood and Frances Ann Haywood, devisees of the said John Haywood,
for the purpose of charging the real estate which was devised to
them, on which scire facias so issued judgment has been obtained
in said County Court of Wake, condemning the said real estate so
devised subject to the judgment of the State, which judgment on
account of the devisees being minors was stayed until the County
Court to be held in said county, on the 3d Monday of February, 1830;
from which term an order of sale will, as the law now exists, issue,
commanding the sheriff of the county to sell the land so devised for
cash, whereby the amount that the State will get from the sale of
said real estate may not be the true value of the real estate:

Be it enacted by the General Assembly of the State of North Carolina, 
and it is hereby enacted by the authority of the same, That the Public
Treasurer be, and he is hereby authorised and empowered to direct the
sheriff of the county of Wake to sell the real estate which he may
be commanded to sell for cash by the order of sale that may issue, on 
a credit of one, two, three and four years, with interest from the
day of sale; and the Public Treasurer shall receive from the Sheriff
a bond or bonds, for the proceeds of the same, after deducting the
cost and commissions, with two or more securities, to be approved of
by the said Public Treasurer; Provided always, that no title shall be
made to any purchaser until the bond for the purchase money shall be
fully paid; and the Public Treasurer is hereby authorised to bid on
behalf of the State, in case the said real estate shall sell for less
than what may be previously adjudged to be the value by the Governor,
the Comptroller and Public Treasurer, or a majority of them; and in
case the Public Treasurer shall purchase the real estate, he shall
sell the same at private or public sale for a sum not less than the
value assessed as aforesaid, on a credit of twelve months, with
interest from the date, the purchaser giving bond, with two securities,
to be approved of by him; and in case the purchases shall be made on
behalf of the State by the Public Treasurer, and a sale be made as
herein directed, he shall give a certificate to the person or persons
to whom the sale shall be made of such sale; and on this being filed
with the Governor he shall convey by deed the title to the purchaser,
upon the payment of the purchase money; and all cost attending the
purchase on behalf of the State by the Public Treasurer shall be paid,
and he shall be allowed the same; which amount of costs, thus paid,
shall be charged to the account of John Haywood, Esq. late Public
Treasurer.


Source:
NC Archives
Public and Private Laws of North Carolina
1829
Chapter XII
Page 17-18

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This file was contributed for use in the USGenWeb Archives by
Guy Potts - gpotts1@nc.rr.com
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