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as before to any sheriff of the state of Alabama upon the
said judgement and against the parties to the same & to the
functioning bond and returnable to the same term of the
said county court, and which was placed in the hands
of the sheriff of Washington County and was by him
levied upon certain slaves of the plaintiff, Davy, Winston,
James, Rhonda, Jim, & four mules & was further returned not
in tie to sell.
And for that also on the 26th of February 1846 the said
defendent caused to be issued from the office of the Clerk of
the County Court of Mobile County a writ of venditio expona
directed to any sheriff of the state of Alabama and by which
the said sheriff was directed to expire to sale the lands and
tenements of Josiah D Lister which he according to the
ammands of the execution aforesaid had levied & which remained
in the hands of the sheriff unsold as he had certified in his
return to the said county Court to satify the debt and costs
afforesaid and to bring the monies together with the writ to the
said court on the 2nd Monday of June thereafter - and the
said writ was placed in the hands of the sheriff of Washington
County aforesaid to be executed, and the said sheriff
returned the same in said court not sold for want of time
bidders - and for that also the said defendents afterwards to wit
on the 9th day of June 1846, said out of the said court a writ
of Venditeo exponas directed to any sheriff of the state of
Alabama commanding him to expose to sale those goods &
chattels of the plaintiffs Dayt Winston Iam Rhoda, Jim,
& five mules to the value of of the debt & costs of the said
defendents so recovered as aforesaid; and which goods and chattels
remain in the hands of the Sheriff to satisfy the said defendent
the debt aforesaid and he was directed to return the same
to the said County Court at the 2nd Monday of February after
on the judgement aforesaid, and the returns of the sheriff aforesaid
& which remain on record in the said County Court.

And the said plaintiff avers that at the date of the aforesaid
execution there was in the hands of the sheriff under his levy
as aforesaid lands & tenements ], goods and chatells of the
defendents sufficient to satisfy the said judgement & costs.

And the said plaintiff further avers that the said
defendents notwithstanding the proceedings aforesaid to said
defendents contrivingcontrary and maliciously and wilfully
contriving to injure oppress and impoverish the plaintiff
in the behalf caused and procurred to the issue from
the said county court another writ of Execution bearing
[?] the 9th of June 1846, and directed to any sheriff
of the state of Alabama by which he was commanded
as before of the goods and chattels, lands and tenements
of Josiah D Lister and of William Crawford, Julien