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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 4   View pdf image (33K)
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4 MARYLAND COURT OF APPEALS

Said Writt Endorsed Vizt Attached [5] in the hands of Joseph Chew Two
Negroes Per me.

Benjamin Scrivener Shrifffe]

Thereupon the Same day the Said Joseph Chew being called to Shew
cause why the Said Negroes attached in his hands as afore Said ought not to
be condemned for Satisfaction of the Judgment afore Said according to Law.

And the Said Joseph Chew Garnishee of the Said Alexander Chappell
ma[de] his appearance and by Kenelme Cheseldyne his Attorney Saith that
the Said Thomas Tench his attachment afore Said, nor any Condemnation
ther[e] upon of the Said Two Negroes attached in the hands of the Said
Joseph Che[w] ought not to have for that he Saith that the Said two Negroes
are the proper Negroes of him the Said Joseph and by him Bought for a Valu-
able consideration and Bonafide paid For — and this he is ready to Verifie
and thereupon Fray's Judgment.

And the Said Thomas by William Dent his Attorney Saith that the goods
[etc.] attached att the time of that attachment afore Said were the proper
Estate [of] the Said Alexander Chappell and were not bonafide and without
fraud bought and paid for by the Said Joseph and this he prays may be en-
quired of by the Court.

And the Said Joseph Saith that the Said Negroes ought not to be con-
demned as afore Said for that they are the proper Negroes of him the Said
Joseph an[d] bought for a Valuable consideration and bonafide paid For —
and of this he p[uts] himself upon the Country: — And the Plaintiffe also.
Command was therefor[e] given the Sheriffe of Saint Maries County that he
cause to come here Twelve etc. by whom etc. and who neither etc. because
as well etc. To recognize etc. Now here at this day (to Witt) the Eleaventh
day of the Same Month of May afo[re] Said Came the Said Parties by their
Attorneys afore Said — and the Jurors impannelled being called likewise
Came to Witt-Henry Fernely, Davi[d] Elinor, Samuell Luckett, William
Richards, Henry Ayres, William Willoughby, Christopher Baynes, Robert
Howard, Thomas Heath, John Outon, Daniell Walker, and Samuel Berry,
who being elected tryed an[d] Sworne to Say the truth in the premises upon
their Oath's doe Say Wee of [the] Jury doe find for the Plaintiffe.

And thereupon the Said Thomas Tench by William Dent his Attorney
pr[ays] Judgmt of the Court to be awarded him according to the Virdict of
the Jurey a[nd] [6] It is therefore Considered by the Justices here the Same
day and Year last mencioned that the afore Said Negroes So as afore Said at-
tached be Condemned for and in Satisfaction of the Debt and Cost in the
Attachment afore Said Specified according to the Act of Assembly in that
case — made and provided — and it is likewise considered that the Said
Thomas Tench recover against the Said Joseph Chew The Summ of
Pounds of Tobacco by the Court here adjudged for his Costs and charges in


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 4   View pdf image (33K)
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