Document: Interlocutory judgment: Assignees of Augustyn Heerman vs. Anna, wife of George Hack

Paulus Leendertsen and Allert Antony, administrators for the estate of Augustyn,[1] plaintiffs, againstAnna Verlett, wife of Jorys Hack, defendant, concerning the attachment of [ ] brought by [ the ] Fortuyn from [ Virginia ].

The plaintiffs have attached the tobacco at the house of Mr. Werckhoven because Augustyn, before he became a fugitive, sent Jorys Hack in Virginia one horse, one Negro and some planks. The horse, Negro and planks have now been sent back to the plaintiffs in tobacco. [ ] is claimed that the attached tobacco represents the proceeds of the horse, Negro and planks . . .

[ First several lines are lost. ]

. . . was sent to Jorys Hack [ ] of an old debt, and that the tobacco [ ] not in payment for the one as well as for the other; but that her, the defendant's, personal effects and merchandise were sent to her by the defendant's husband from Virginia, and that for this reason the plaintiffs have no claim on the tobacco.

The parties having been heard, the director and council order that the plaintiffs shall prove, according to law, that the tobacco in question was sent to Augustyn Heermans for the horse, planks and Negro. If this cannot be done, then the tobacco must be released.[2]

The director-general and councillors of New Netherland order that the administrators as plaintiffs, according to law, have to prove that the defendant or her husband is indebted to the estate of Augustynes Heermans; and although it be a book debt, bond or account, or that the tobacco in question and under attachment, which was sent to Augustynes Harmans in payment of a horse, planks and Negroes, is in dispute and the plaintiffs fail to prove their case, the attachment is declared null and void.