Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1857-09-12
Onln,su of Jutgs Howell.

ted to the Court, and from the evidence
| find the following facts:
. 1st. On the 9th day of July, 1850, the
following proceedings were had III the
9th Judicial District Court, in and for
Sacramento County, to wit:
" Thomas d. HenIey, D. McRnigM amt y. T..
HdStin1s, VS.. IL. ". Hustings, Henry Chu-
ver and Peter L. thinner.
"7o the Hon. .Ers. S. ThOmGs, sJnigs Of the 6M
Judic;at district, 9F the state Of CatV"rni0.
"The defendants in the above entitled
suit, L. w. Hastings and Peter WINNER,
in person, and Henry Chuver, by his lc-
gally authorized attorney, E. j. Z. Kew
en-, come and make the following state
mcnt:
"1st. Said dcfendent, as aforesaid rep
resented, say that L. W. Hastings and
Henry Chuver compose the firm Of L. W.
Hastings & Co., for which firm the said
Peter L. WINNER is indorscr,-all doing
business in the City and County of Sac
ramento and State Of California; and that
they, the said L. w. Hastings, Henry
Chuver and Peter WINNER, are justly
indebted to and owe unto said Plaintiffs,
Thomas j. Henley, o. Mcknight, and S.
F. Hastings, partners, trading and doing
business under the firm and name of Hen
Icy & Co., in the City and State afore-
said, in the sum Of nine thousand and five
hundred dollars, for which amount they
hereby authorize the Hon. the District
Court of the 9th Judicial District for the
County Of Sacramento and State of Cali
fOrnia, to enter judgment thereon by con-
fessiOn.
"2nd. Said Defendants, as aforesaid
represented, say that they are justly in
debted to said Plaintiffs, aforcnamed, for
said sum, aforementioned as money loan
ed to them for valuable consideration
by said Plaintiffs; and that they hereby
authorize the confession of judgment
aforesaid, to secure the payment of a debt
justly due. and with no intent to dcfraud
their creditors.
(Signcd) HENRY Culver,
BY his Attorneys, Kewen i Morrison.
L. W. HASTINGS.
PETER L. WINNER.
His (X) Mark.
at is therefore considered and adjudg-
ed by the Court, that the said Plaintiffs
do have and recover of the DEPENDENTS,
on occasion of the premises, the sum of
nine thousand and five hundred dollars,
debt, and the costs Of this suit.
I'd. Upon the above were the following
endorsements, to wit: Execution in
this case returned with the following en-
dorsement, to wit: Reed by notes on
Barton Lee, secured by mortgage of Hen
ry Chuver, one of the DEPENDENTS, salts
faction of the within execution. Except
costs not paid).-lst October, 1850.
"(Signed) L. W. Harris-IIcnlcy & Has
tingS.
''Thc above marginal entry of satisfac-
ton stricken out by order Of the District
Court. See minute book 8, page 800"
This last order was not introduced in cv-
idence.
Sd. On the goth day Of August, 1850,
an execution, in due form, under the
hand of the Clerk and official seal of said
Court, was issued upon said judgment,
directed to the Sheriff Of Ell Dorado Coun
ty, returnable in forty-two days from
date. This execution came to the hands
of the said Sheriff on the 31st day Of
August, 1850, and he endorsed upon the
same the following return of his proceed
ings, viz: ''Slst August, 1850, levied on
Winners house advertised to be sold
7th October, 1850. Also, the log house
occupied by Mr.. Brown, on the Hangtown
road. WV. ROGERS, Sheriff,
BY L. H. MckENNEY, Dep.
"Came to hand on the 10Th day Of
September, 1850. On the goth day Of
September, ! levied on the within prop.
erty One new house situated in the
town Of Coloma, on Main street, opposite
the dwelling that Peter L. WINNER lives
in, to be sold on the 14th day of October
1850. The within sale postponed until
the oath day of October, 1850.
WILLIAM ROGERS, Sheriff,
BY A. j. MOORE, Deputy"
4th. A Sheriff's decd, dated on the
oath October, 1850, purporting to have
been executed by VIM. Rodgers, by SAM
ucl Todd, Deputy, was offered at the tri.
al, but the signature not being proven
and the acknowledgment being deficient,
the same was ruled out. Plaintiff next
offered and read in evidence, deed Of
confirmation, dated the 10th day of May,
A. d. 1867, executed by VIM. Rogers,
late Sheriff Of Ell Dorado County, by
Samuel Todd his deputy, which, after re.
ferring to the judgment in the case Of
Henley ct al &c. WINNER ct al, the exc
cution, &C., contains the following recital
viz:~"I, the said Sheriff, did, by virtue
of and in obedience to said execution, levy
upon, take and seize all the estate, right
title and interest of the said WINNER of
in and to the lands, tenements, real estat,
and premises hereinafter particularly do
scribed and set 70 tn, with the appurtc
nances." The premises are afterwards
described in the deed as follows Cal
that certain lot or parcel Of ground situa
ted on the north side of Main street o.
South ColOma, in the County of Ell Dora
do and State of California, commencing
where said Main street intersects Bridge
street, running thence along said Mair
street eastwardly one hundred feet, more
or less, to pine tree; thence northward
ly one hundred feet. moro or less thence
westwardly to said Bridge street thence
along said Bridge street to the place Of
beginning, together with oil and singular
the Entertainments and appurtcnanccs,
thereto belonging or in any wise appur.
tanning" Which said premises are con.
veyed by the decd to the Plaintiffs in this
suit, in consideration of twenty-five dol.
lars, stated in said deed to have been paid
by him at sale by virtue of said cxccu.
ton, on the Gath day of October, 1850.
9th. That in the year lS49, the said
Peter L. WINNER was in the Quiet and