Volume 67, Page 221 View pdf image (33K) |
Provincial Court Proceedings, 1677/8. 221 the third yeare of the dominion of Charles Lord Baltemore &c Anncxp Liber N N Doni 1677 came the said parties by their Attorneys aforesaid And the said Marke Cordea saith that the said Stephen Admr as aforesaid ought not to haue Execucon of the aforesaid debt & damages be cause he saith That he the said Marke after the Judgemt obtained p. 472 aforesaid & before suing out the scire facias aforesaid, he the said Marke did satisfie & pay the same to the said John Bailey in his life tyme, & this he is ready to averr & craves Judgemt whither the said Stephen his Execucon aforesaid ought to have And the said Stephen saith, he ought not to be barred, because he saith, the said Marke hath not satisfied the Judgemt aforesaid And this he prayes may be enquired of by the Countrey And the said Marke also. Therefore comand is giuen to the Sheriffe of St Maryes County that he cause to come here twelve &c by whom &c who neither &c to recognize &c because aswell &c And the Jurors impannelled being called likewise came to witt Thomas Cosden, Tho: Doxey, Henry Phippes, Tho: Bankes, Jno Askin, Tho: Potter, Edward Pynn, Richard ifenwick, Edmond Dermott, Tho: Keyting, Wm Thomas & Emanuel Ratcliffe who being elected tryed & sworne to say the truth in the prmisses upon their Oaths doe say Wee finde for the Defendt Therefore itt is considered that the said plaintiffe shall take nothing by his writt of scire facias, but that the said Defendt goe thereof without day. Thomas Jones Comand was given to the Sheriffe of Ann Arun agt dell County, that whereas Thomas Jones the Richd Boughton twenty fourth day of Novembr Anno 1675 re covered Judgemt against Richard Boughton for Eight hundred pits of tobacco debt with costs of suite, for which satisfaction remaineth to be made Therefore itt was comanded the same Sheriffe that by good & lawfull men of his bailywick he make knowne to the said Richard Boughton that he be & appeare here the second day of Octobr 1677. to shew cause if any he have why Execu con for the said debt & costs should not issue against him Att which said second day of Octobr the same Sheriffe maketh returne of the writt aforesaid Endorsed By vertue of this writt before good & lawful men of my bailywick, the within named Richard Boughton I have made known that he be &c according to the tenor of the said writt as I am hereby required And the said Richard Boughton by Robert Carvile his Attorney cometh & prayeth thereupon day to imparle untill next Court & itt is granted him, the same day is given to both parties Now here att this day to witt the three & twentieth day of ffebry in the third yeare of the Dominion of Charles Lord Baltemore &c Annoq3 Doni 1677 came the said plaintiffe by his said Attorney, & prayeth his Execucon of the said debt & costs of suite And the said Defendt to preclude the said plaintiffe from his said Execucon saith |
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Volume 67, Page 221 View pdf image (33K) |
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