Jones & Co. v. Newman

1. Nothing more appearing, a fi. fa. commanding levy to be made “on the goods and chattels, lands and tenements of [N., W. and R.], trustees of Zion Hill Baptist Church, or so much thereof as will make [stated amounts as principal and interest], which was adjudged against them at a justice’s court,” etc., is an execution against the three persons named in their individual capacities. The words “ trustees of Zion Hill Baptist Church,” being merely descriptio personarum, should be treated as surplusage.

2. Consequently, where such an execution was levied upon certain property as the property of…