James, N. and Levi Dickson, Plaintiff v. William H. Wilkinson

This case is brought before this court upon a certificate of division of opinion of the Circuit Court for the middle district of Tennessee. The plaintiffs had judgment against the defendant for $1169.88 debt, and $110.94 damages. 'And it appearing to the satisfaction of the court, by the admission of the plaintiffs, that no assets of the intestate had come to the hands of the defendant,' it was adjudged, that the plaintiffs have 'execution to be levied of the goods and chattels, and assets, which might thereafter come to the hands of the defendant to be administered.' Upon this judgment a fi. fa. issued to be levied of the assets of the testator, which might thereafter come to the hands of the defendant to be administered: which fi. fa. was returned by the marshal nulla bona. On the 10th day of January, 1839, a scire facias issued against the defendant, upon suggestion that assets of the intestate, sufficient to satisfy the judgment, had come to the hands of the defendant. Upon this scire facias there was judgment against the defendant by default, to be levied of the goods and chattels of the intestate, in his hands to be administered. A fi. fa. issued upon this judgment, which was also returned nulla bona.