Guide to Sheriff Executions, 1840-1905

Access and use

Location of collection:
Fairfax Circuit Court Historic Records Center
Fairfax Circuit Court Historic Records Center
4000 Chain Bridge Road, Suite 1600
Fairfax, VA 22030
Contact for questions and access:
POC: Georgia Brown
Phone: (703) 246-4168

Summary

Extent:
15 linear feet
Creator:
Fairfax Circuit Court Historic Records Center
Language:
English

Background

Scope and content:

The collection includes documents from 1840 to 1905 and is arranged chronologically, then alphabetically by surname. Along with the executions are receipts from purchases, IOUs, and bank checks to prove that the debt had either been satisfied or not satisfied.

Ledgers: The Fairfax County Historical Records also houses several ledgers that correspond with the executions. The ledgers record the names of the plaintiff, defendant, debt owed, court costs, location of the trial, what kind of warrant was executed, the return date of the warrant, counsel, warrant issue date, and outcome of the execution (whether the debt was settled, partially settled, or not satisfied).

Execution Book 1: 22 April 1870 - 1 Jan 1904

Execution Book 2: 25 November 1878 - 27 March 1907

Execution Book [3]: 4 January 1858 - 1 April 1870

Executions: 1838-1842

Execution Book: 1839-1844

Execution Book: 1842-1846

Execution Book: 1844-1855

Execution Book: 1846-1852

Execution Book: 1853-1858

Execution Book: 1855-1878/Executions Returned by Constable 1838-1848

Execution Book: 1807-1811/Executions Returned by Constable 1849-1861

Executions Returned by Constable 1866-1903

Biographical / historical:

What is a Court Execution?
A court execution is a writ of execution court order granted to put a judgement into force. A case has already gone to trial and a judgement has been granted. The court order will be carried out by a sheriff, sergeant, coroner or constable.
A judge will command a sheriff or someone of similar authority to collect the "goods and chattles" of the convicted defendant to settle the debt owed to the plaintiff.
An execution will contain the following information: the names of the sheriff, plaintiff, defendant; amount of debt owed; date of when the debt originated, and the court date.

Types of Executions
Fieri Facias (Fi.fa.)- A writ to a sheriff for executing a judgement.
Chancery - Plaintiff seeks equal distribution of assets.
Writ of elegit - A judgement against a debtor's goods and chattel held by the creditor until debt is paid.

Execution Returned/Not Satisfied
When an execution was not able to be served and debt unable to be satisfied; or, an execution had been served but the defendant had no property or monies to settle the debt.

Superior Court
Any higher court than county court, i.e. Court of Appeals, Virginia Supreme Court, the Federal Supreme Court.

Waiver of the Homestead Act
Several of the executions indicate that the defendant waived their homestead right. Below is an explanation of the Homestead Act of 1862 and what it meant to waive this right.

Homestead Act of 1862
An agreement between borrow and lender to waive the homeowner's statutory homestead rights under state law. Homestead rights protect a homeowner's equity from creditors in cases of default.

What does that mean? The Homestead Act of 1862 allowed an adult citizen to claim 160 acres of surveyed government land. They were required to "improve" the land, meaning cultivate and establish homes. After five consecutive years, the citizen would be entitled to free and clear ownership of the land. If the land was not developed within five years, then the owner waived their homestead right and was subject to the financial obligation and susceptible to collection of debt.

Acquisition information:
Permanent Record of The Fairfax Circuit Court Historic Records Center.
Arrangement:

The sheriff executions are organized by chronological order, then alphabetized by surname of plaintiff.

Physical location:
Unit 49, Shelves 1 - 4
Physical description:
.