L. F. Ragsdale seeks to attach any surplus funds, which may arise from the sale of mortgaged property. He represents that Henry Smith executed three deeds of trust to secure sundry debts, thereby mortgaging a total of nineteen slaves. The petitioner purports "that the property conveyed to the ... Trustees, in said Deeds of Trust, is largely more than sufficient to meet the requirements of said Deeds, and that there will be a large amount of surplus fund remaining in the hands of the Trustees." Ragsdale reveals that various creditors have obtained three judgments against him and the said Henry Smith; that executions have issued on the same and have been returned "nulla bona" in regards to said Smith; and that "your orator was forced to pay the entire debt, costs, and commissions." The petitioner therefore prays that the said trustees be enjoined "from disposing of any of the said surplus, or so much thereof, as may be required to satisfy your Orators said debt against the said Henry Smith" and that the court will "direct a satisfaction out of the said surplus fund."
Result: Granted.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
