| 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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