| Volume 67, Page 358 View pdf image (33K) |
358 Provincial Court Proceedings, 1677/8.
Liber N N nesses, when yor Honors shall thinke fitt to appoint, Yet these re
spondents doe say, that they needed not nor by the law of the land
were bound to answer the same before yor Honors for that the said
Alford upon a penall Statute informes agt Moadesly, & assignes his
breach, he followes itt as well for the Lord Propry as himselfe &
att last obtaines judgemt as well for his Lopp as himself e. If the said
Judgemt were erroneous, Moadesly had his legall course to remedy
himself e, & without he had given security & sued out a Writt of
Error the said Justices humbly conceive he ought to have no supse
deas upon such a scandalous peticön; but that upon the same these
respondts his Lopps Justices of the said County should be brought
over here before yor Honors to answer itt, they say That for every
judgemt they give & for every mistake of their Clerke for the future
they may be liable to the same trouble vexation & expence, so that
by serving his Lopp as his Justices in the said County, the malice
of a few discontented envious persons may bring them so often
over before yor Honors to answer their proceedings, & to shew a
reason for & give accompt of their judgements that they may in a
p. 590 short tyme with the charges & expences thereof be Ruinated im
poverished & undone These respondents doubt not but yor Honors
in a legall way will doe justice to Moadesly, & also to Alford, but
humbly pray that they may be hence dismissed with their costs &
charges in this behalf e wrongfully & vexatiously sustained
Which being read & heard itt seemeth to the Justices here this day
to witt the eleventh day of June in the third yeare of the Dominion
of Charles Lord Baltemore &c Annoq Doni 1678. that the Record &
proces & all proceedings thereupon agt the aforesaid James Moadesly
are altogether vitious & illegall Itt is therefore this day ordered that
the whole proceedings & Record of the County Court of Dorchister
County in this cause be adnulled vacated & made void upon the
Record of the said County Court And that reference be had in the
margent of the aforesaid Record to the folio where the proceedings
of this Court & this order shall be entred upon Record of the said
County Court And that the said James Moadesly be left to due course
of Law for recovery of his charges & damages in this behalfe
expended.
John Wade In Ejectmt
agt John Slye late of St Maryes County was Attached to
John Slye answer unto John Wade of a plea wherefore with force
& armes one tract of land lying in Charles County called
by the name of Coomes Purchase containing two hundred & fifty
acres. Also one other tract of land called by the name of Green
Spring lying in Calvert County containing Seven hundred acres with
the appurtennces which Peter Sayer did Demise to the said John
Wade for a terme which is not yet past he did enter, & him from the
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| Volume 67, Page 358 View pdf image (33K) |
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