UPON a certificate of division from the judges of the Circuit Court for the southern district of Mississippi.
This was a motion made by Thomas Griffin and Hugh Ervin to have satisfaction entered on an execution of fieri facias, which issued from the clerk's office of the court against them on the 4th day of June, 1840, in favor of Robert Thompson, for the sum of $1,740.02, with interest thereon at the rate of 8 per cent. per annum, from the 7th day of November, 1839, until paid, together with costs. And also to quash an execution of fieri facias which issued against them, in favor of said Thompson, on the same judgment, on the 6th day of November, 1841.
In support of this motion, the plaintiffs below read in evidence first, an execution of fi. fa. numbered 874, which was sued out of the court against Griffin in favor of Thompson on the 1st day of January, 1840, returnable on the 1st Monday of May ensuing, for the sum of $1,740.02 and the costs, this being the amount of a judgment rdcovered in the court on the 7th day of November, 1839. Upon this execution was endorsed the return of the marshal, dated May the 4th, 1840, setting forth the levy of that process on the 25th of March, 1840, on certain subjects of property, the execution of a forthcoming bond by Griffin with Ervin as surety for the delivery of the property at the day and place of sale, and the forfeiture of the bond by the failure of the obligors to comply with its condition. Accompanying this return is a receipt in these words:
January 2d, 1840. Received on this execution one thousand dollars in post-notes of the Mississippi Union Bank.
By his deputy, JNO. F. COOK.
The plaintiffs next produced in evidence, their forfeited forthcoming bond with the execution of fieri facias sued thereon, in favor of Thompson on the 4th of June, 1840, returnable to the 1st Monday of November with the following endorsements and returns thereon, viz.:
No security of any kind is to be taken. This execution is entitled to a credit of one thousand dollars, paid 2d January, 1840, in Union post notes. See marshal's return on fi. fa. No. 874, to May term, 1840.
(Signed) WM. BURNS, Cl'k.
Made on this case four hundred dollars, Nov. 3d, 1840. Received balance of this case, in full for costs, &c., say five hundred and fifteen 30/100 dollars.
They then read in support of their motion the execution of fieri facias sued forth against them in favor of Thompson, on the 6th day of November, 1841, which execution is the same that the plaintiff in the court below moved to quash. Upon it is the following endorsement:
This execution is entitled to a credit of $803.47, paid 3d November, 1840, on fi. fa. No. 451, to November term, 1840. No security of any kind is to be taken for balance.
Marshal's return, 'stayed by supersedeas', received April 1, 1842.
They then read in evidence to the court the following receipts which were proved to be signed by, and in the handwriting of, John F. Cook, who at the date of said receipts, and before, was a deputy of William M. Gwin, marshal of the southern district of Mississippi, which receipts are in the words and figures following, to wit.:
Received of Thomas Griffin the sum of eight hundred dollars, to be applied to part payment of an execution obtained vs. him at the November term, 1839, of Circuit Court United States as security for I. Griffin, which amount I am to credit said execution with.
By his deputy, JNO. F. COOK.
Received of Thomas Griffin the sum of two hundred dollars in Union Bank money, to be applied to a certain execution I hold vs. said Griffin, or I am to return the said money to the said Griffin.
The said sums of $800 and $200, mentioned in said receipts, constituting the $100 in post-notes of the Mississippi Union Bank, returned by the marshal as received on 2d of January, 1840, on execution of fieri facias herein-before referred to, dated 1st January, 1840.
They also read in evidence to the court the following additional ...