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Subject:
From:
Marilyn Symonds <[log in to unmask]>
Reply To:
Discussion of research and writing about Virginia history <[log in to unmask]>
Date:
Thu, 16 Aug 2001 10:42:40 -0500
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A writ of scire facias was commonly used to revive a judgment after a
time lapse or to obtain execution of the judgment (just a continuation
of the original law suit). Sometimes it was used as a way of
proceeding against the person who was the bail for the defendant. In
this instance, the executors of the deceased Thomas Buckner are trying
to continue their efforts to execute a judgment obtained by the
deceased against the defendant. The sheriff has reported to the court
that the Defendant has no property or presence in the County. The writ
of scire facias signed by the judge has the effect of preserving and
extending the original judgment (issued in favor of the deceased) to
the benefit of the executors of the estate of the deceased.

Marilyn

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