New York State Court of Chancery Writs of Fieri Facias and Writs of Attachment JN391

New York State Court of Chancery Writs of Fieri Facias and Writs of Attachment

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Overview of the Records

Repository:

New York State Archives
New York State Education Department
Cultural Education Center
Albany, NY 12230

Summary:

This series consists of writs of fieri facias, ordering a sheriff to sell a defendant's property in order to pay money owed to a complainant; writs of attachment, ordering a sheriff to arrest a defendant who was in contempt of court; and related documents.

Creator:

New York (State). Court of Chancery

Title:

Writs of fieri facias and writs of attachment

Quantity:

0.2 cubic feet

Inclusive Dates:

1842-1844

Series Number:

JN391

Arrangement

By document type.

Scope and Content Note

Writs were issued in proceedings before the Chancellor or the Vice-Chancellor in the First Circuit. The writ of fieri facias, also termed an "execution," was issued when the proceeds of a foreclosure sale of mortgaged property were insufficient to pay the defendant's debt, or when the defendant failed to pay court costs owing to the complainant. The writ of attachment was issued when a defendant was in contempt of court because he had failed to answer the defendant's bill of complaint, to obey a writ of injunction, or to appear before a Master in Chancery to give evidence.

This series also contains examples of several other document types, including writ of ne exeat, ordering a sheriff to arrest a defendant who was about to depart the state; and "commission of rebellion," ordering any public officer to arrest a defendant who was in contempt for repeatedly failing to appear in court.