SOURCE: PCGQ February 2006 Craven County, NC Estate Records, NC Archives, Raleigh, NC Roger Kammerer State of North Carolina To the Sheriff of Craven County Greetings Whereas James McKinlay lately in our court of Pleas & Quarter Sessions held for the County of Craven recovered against John Mooring Administratior of David Smith thesum of five Thousand eight hundred and thirty dollars for debt and interest and also the sum of five pounds eight shillings and three pence ___? for cash & whereof said Admr is convicted as appears of record, and whereas it was admitted of record that the said Admr had fully administered so that Execution of the said debt interest and costs cannot be had against the personal estate of the said David Smith. And whereas it is suggested that said David Smith died seized of a large real estate sufficient to satisfy said claim which has descended to William Smith, John S. Smith, Elizabeth Smith and Rufus Smith infants by Samuel Simpson their guardian and heirs at law of the said David Smith. And whereas the plaintiff suggests that Samuel Simpson guardian of the said heirs by virtue of an order of the court of Pleas and Quarter Sessions of Pitt County has sold land which were of the said David Smith and which descended as aforesaid and which were liable to the payment of the plaintiffs judgement to the amount of twenty five thousand dollars to inable the said Samuel Simpson to pay and satisfy the debts for which said land was liable and the said Samuel Simpson as it is alledged hath received & now holds in his hands the proceeds of the said sale subject to said judgement and the plantiff having prayed a remedy in this behalf and we willing what is right should be clare command you that you make known to the said Samuel Simpson personally to appear before the court aforesaid at the courthouse in Newbern on the second Monday of September next to shew cause if any he hath wherefore the said James McKenlay should not have execution of the aforesaid debt interest and costs against the aforesaid Samuel Simpson and further to do and receive whatsoever our said court shall order and decree in the premisesherein fail not and have you there and there this writ. Witness: James G. Stanly Clerk of Said Court at Newbern the second Monday of June in the 42nd year of our Independence AD 1818