Offutt v. Edwards

Garland. J.

In the month of March, 1843, the plaintiff sold to the defendant a tract of land for $1,387 50, payable in four instalments, the last in the month of March, 1846. On the 12th of October, 1843, the plaintiff, proceeding under the act of the Legislature, which authorises an attachment in certain cases, although the debt be not due, commenced this suit on four pro-' missory notes, and an act of sale and mortgage, making affidavit that the defendant was about permanently to leave the State, and was about to remove his property, also, before the debts became due, whereupon an attachment…