Provincial Court Proceedings, 1674/5. 491




      Conery his heirs executrs admrs and assignes from all just claimes Liber M M
      and titles to be made by any pson or persons whatsoever according
      to the forme & effect of the said Indenture and the Said John and
      Rose Gerard have hitherto denyed to hold the same and as yet doth
      deny whereupon the said Edward Saith he is dampnified and hath
      losse to the value of forty thousand pounds of tobacco and thereupon
      he bringeth his suite.
        And the said John and Rose Gerard by Vincent Lowe their
      Attorny cometh &c and saith they Ought not nor are bound by the
      Law to hold covenant with the said Edward as against them above
      is Supposed for that the said John and Rose haue paid and are
      engaged by bills to pay Out of the estate of Thomas Gerard Esq
      deceased as executors of the said Thomas deceased more then the
      personall estate of him the said Thomas deceased doe amount unto
      have or will come to their hands as Executors to him the said

      Thomas decease and of this they put themselves upon the Country.
        And the said Edward Saith that he Ought not to be debarred from p. 479
      haveing his action aforesaid against them the said Rose Gerard &
      John Gerard for that he saith that they the said Rose & John have
      not fully administred and paid Out of the estate of the said Thomas
      Gerard deceased nor are indebted by debts of an high nature beyond
      what assets are come to their hands and of this he also putts him
      selfe upon the Country Therefore Comand is given to the Sheriff
      of St Maries County that he cause to come here twelve &c.
        Now here at this day to wit the fiftenth day of ffebruary in the
      43th yeare of the Dominion of Caecilius &c came the said Edward
      by his Attorny aforesaid but the said Rose Gerard & John Gerard
      came not Therefore it is considered by the Court here that judgment
      by default passe against them and a writt of inquiry of damages is
      granted the said Edward Conery returnable at the next Provinciall
      Court.

      Benja Bennitt
                this cause continued by consent of the Attornyes of
          agt both sides untill next Provinciall Court.
      Richard Ball

      Edward Roe
          agt
      Jeremiah Eaton &
        John Barke.
      James Nuthall
          agt
      Richard Bayly
      Marmaduke Semme
          agt
      John Shapley