Duggins Land Issue

Have you ever encountered a deed that implies a person is an executor of an estate without specifically identifying the person in that manner?

The following deed is the result of a court case decision against Benjamin A. Duggins. The statement “Benjamin A. Duggins having first given due and legal notice” implies that Benjamin may have been an executor of an state. Thus, the following deed provides clues to other potential records.

Sheriff McCleaf , to William A Duggins Received for Record Jan 3rd 1865
Know all men by these Presents that whereas W J Gilman at the October term
of the Court of Common Pleas , within and for the County of Preble AD 1863
recovered a judgement in said Court , against Benjamin A Duggins for the
sum of one hundred and fifty seven dollars and ninety four cents and five
dollars and sixteen cents costs of suit , and whereas the said William J Gilmore
afterwards on the 14th day of November A D 1865 and out of the Clerks office
of said court , an executor on the said judgement , of that date directed to
the sheriff of Preble County commanding him to make the amount of said
Judgement and costs of the goods and chattels of said Benjamin A Duggins
and for want thereof of his lands and tenaments which execution duly came
to the hands of John R McCleaf Sheriff of said County to be executed ,

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page 292

and such proceedings were legally had upon said execution that afterwards on
the 9th day of January AD 1864 the said John R McCleaf as such sheriff and by
virtue of said execution duly offered at public auction the lands and ten
ements hereinafter described levied upon on said execution as the property of
the said Benjamin A Duggins having first given due and legal notice of the
time and place of said sale more than thirty days prior thereto in the Eaton Weekly
Register a Newspaper printed in said County of Preble and in general circula
tion therein and their sold the same to William A Duggins for the sum of
Five thousand dollars which sale was afterwards returned to the said court
and by the said Court at its October term 1863 to wit on the 2nd day of February
A D 1864 examined and confirmed and the said John R McCleaf ordered
to convey the said Lands and tenements so sold as aforesaid to the said
William A. Duggins upon his complying with the terms of said sale in fee
simple And the said William A Duggins having complied with the terms
of said sale I John R McCleaf Sheriff of said County of Preble in consider
ation of the premises and by virtue of the powers in me vested by law &
do hereby give grant and convey unto the said William A Duggins his
heirs and assigns forever , the lands and tenements so sold as aforesaid and
situate in Preble County Ohio and bounded and described as follows towit :
The North East quarter of section to seventeen ( 17 ) Township No Seven (7)
Range two ( 2 ) East , and forty acres off of the North end of the South
East quarter of said section 17 Tp 7 Range 2 East aforesaid To have
and to hold to him the said William A Duggins and to his heirs
and assigns forever . In testimony whereas I have hereunto set my
hand and affixed my seal this 31st day of December AD 1864
John R McCleaf
Sheriff Preble County Ohio

Executed and delivered in our presence
J M Brown Sur Risinger
The State of Ohio Preble County S. S . ⎬
Be it remembered that on this 31st day of
December 1864 before me a Notary Public in and for said County person
ally came John R McCleaf of and acknowledged the foregoing instrument
to be his voluntary act and deed as Sheriff of said County of Preble
In testimony whereof I have hereunto set my
hand and seal Notarial the day and year
above written
J M Brown
Notary Public
P. C. O.

Stamp $5.00
JR Mc Dec 31st 1861

Preble County Ohio Deed vol. 55, page 291