Higgins v. Pence

This was a suit commenced by Lewis Pence against William P. Higgins, by a writ of domestic attachment.

The suit was founded on a joint and several promissory note executed by the defendant and Jesse Higgins and others. The note was dated in 1846, was payable to one John C. Helms or order without relief from valuation or appraisément laws, and was assigned by the payee to the plaintiff.

The attachment issued in January, 1849, and was re*567turned levied on certain property, real and personal, of the defendant.

The plaintiff, at the March term, 1849, filed his declaration, which is in the usual form.…