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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 639   View pdf image (33K)
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Acts. 639


cute a Bond with a sufficient Penalty payable to the Defendants con-
ditioned for the true Performance of the Covenants in the Mort-
gage Deed that the aforesaid Humphry Wells Stokes departed this
Life soon after the said Decree leaving behind him your Petitioner
his Widow and Administratrix and one Son who is still a Minor of
about twelve Years of Age and without having taken any other
Step towards Executing or Complying with the same than the Pay-
ment to the said Philip Smith and William Chapman of the Sum of
fifty four Pounds and ten Shillings Sterling and since whose Death
your Petitioner hath made sundry Payments to the said Smith and
Chapman amounting to two hundred and thirteen pounds nine Shil-
lings and eight Pence which two Sums Amount together unto the
sum of two hundred Sixty Seven Pounds nineteen Shillings and
Eight Pence whereby the Ballance from the Sum under the said
Decree still to be paid to the said Smith and Chapman by your Peti-
tioner as Administratrix of the said Humphry Wells Stokes rested
at One hundred and eighty two Pounds and four Pence Sterling be-
sides Interest that the Personal Estate of the said Humphrey Wells
Stokes being entirely exhausted by the aforesaid Payments and
others in Debts of equal Nature made by your Petitioner since the
Death of her said Intestate and your Petitioner having Reason to
believe the said Smith and Chapman did design to revive the said
Decree against your Petitioner and she conceiving it would be most
for the Advantage of the said Estate and the aforesaid Minor the
Heir thereto and no Prejudice to the said Creditors to sell and dis-
pose of a part of the Real Estate so as aforesaid bound by the said
Decree and with the Money arising thereby to pay of and Satisfy
what of that Debt with Interest still remained unpaid, It was there-
fore humbly prayed that Leave might be Given to bring in a Bill
enabling her notwithstanding the said Decree to sell and dispose of
to the highest Bidder such part of the Tract or Parcel of Land afore-
said called Monserada as the said Humphry Wells Stokes was in his
life time Seized of or entitled unto and his late dwelling House and
Lot in Joppa in the said County and also a small Tract of Land near
Joppa aforesaid belonging to the said Humphry Wells Stokes in his
life time not exceeding one hundred Acres and that the Monies
thereby arising or so much thereof as should be sufficient for that
purpose should and might be used and applied towards payment of
what Principal and Interest remained due to the said Smith and In-
terest remained due to the said Smith and Chapman as Administra-

Liber
B. L. C.

tors as aforesaid and that such Payment should and might be deemed
and taken as a full Performance Satisfaction and Discharge of the
aforesaid Decree Mortgages Lands and Tenements Bonds and other
securities whatsoever by the said John Stokes in his Life time or by
your Petitioners Intestate entered into or secured either to the said
Philip Smith the Father or since his Decease to the said Philip the
Son and William Chapman as Administrators as aforesaid and that

p. 312



 
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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 639   View pdf image (33K)
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