Page:Pennington's Executors v. Yell.pdf/7

218 ." She married Ruffin in less than two years after she removed to Arkansas county. Her property consisted of slaves and, household furniture.

Jones testified that he was not acquainted with Mrs. Smith when she first came to Arkansas county. He had no recollection of seeing her until some time between 1840 and 1842, when he visited her for the purpose of levying an execution in favor of Pennington against her. About that time she had several slaves, and was reputed to be solvent. He levied the execution on a boy named Dick; a delivery bond was given, and sometime afterwards he sold the boy, and defendant Yell, being the highest bidder, purchased him for about $180. Sometime between the time he levied on the boy Dick, and the succeeding term of the Arkansas circuit court, Mrs. Smith married Ruffin. She did not hold said slaves long after her marriage with Ruffin—between one and two years. Witness sold the balance of the slaves under execution.

On cross-examination, witness stated that Mrs. Smith claimed the property as belbnging to her children; that he required a bond of indemnity before selling the boy Dick, and defendant, Yell, gave his own bond. Defendant sold the boy Dick, a day or two after he purchased him, to one Stokes, for $5 less than he gave for him, in order to pay costs—the costs paid him by Yell amounted to between $60 and $80, for levying upon, keeping, and selling said boy.

Plaintiffs next introduced a second deposition of John L. Jones, and the depositions of T. Farrelley and Stanislaus Dardenne, taken by consent, and on behalf of the parties.

Jones, in this deposition, states that he recollected of taking a delivery bond for property levied on by him as sheriff of Arkansas county, under an execution from Jefferson circuit court, in favor of Pennington, against Mrs. Smith alias Ruffin. That the property was levied upon as the property of Mrs. Smith, and she gave a delivery bond with John W. Pullen security. Pullen left the State in April, 1843. The immediate cause of his leaving was that some one was about getting out a writ of ne exeat